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2023 DAILYLAW 4856 (PNJ)

HINA GILL v. STATE OF PUNJAB

CRM-M/3023/2026 · 2026-05-06

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-3023 IN THE HIGH COURT OF PUNJAB & HARYANA 203 HINA GILL STATE OF PUNJAB CORAM:- HON'BLE MS. Present:- Mr. Hitesh Chopra, Mr. Amit Kumar, Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Dharmender Singh Rawat, ***** RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case against her, for commission of offences puni 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, Police Commissionerate Amritsar 2. On ordinate Bench 31.12.2025 registered against her, for commission of offences punishable u/s 333, 137, 115(2), 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, 3023-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Hitesh Chopra, Advocate and Mr. Amit Kumar, Advocate for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab Mr. Dharmender Singh Rawat, Advocate ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.279 dated 31.12.2025 registered against her, for commission of offences puni 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, Police Commissionerate Amritsar On 20.01.2026, the following order ordinate Bench of this Court: - “Petitioner, an accused in case FIR No.279 dated 31.12.2025 registered against her, for commission of offences punishable u/s 333, 137, 115(2), 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-3023-2026 Date of decision: 06.05.2026 ….Petitioner ....Respondent JUSTICE RUPINDERJIT CHAHAL and for the petitioner. Mr. Amrit Pal Singh Gill, DAG, Punjab. Advocate for the complainant. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.279 dated 31.12.2025 registered against her, for commission of offences punishable u/s 333, 137, 115(2), 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, Police Commissionerate Amritsar. following order was passed by the Co- ner, an accused in case FIR No.279 dated 31.12.2025 registered against her, for commission of offences punishable u/s 333, 137, 115(2), 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, ….Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the petitioner FIR No.279 dated 31.12.2025 registered shable u/s 333, 137, 115(2), 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police - ner, an accused in case FIR No.279 dated 31.12.2025 registered against her, for commission of offences punishable u/s 333, 137, 115(2), 351(2), 61(2) of BNS (Section 140(3) of BNS added later on) at Police Station Sadar Amritsar, GURPREET 2026.05.06 17:29 I attest to the accuracy and authenticity of this document. CRM-M-3023 Police Commissionerate Amr arrest bail. foster sister of complainant, has been falsely implicated in the present case. In fact, complainant a qualified MBBS Doctor, unfortunately got addicted living and addiction to alcohol, even his wife left the matrimonial home and is presently residing with her father. Out of concern for his health and safety, the family members got him admitted in the De petitioner being sister of the complainant had been sharing a residential house with him, but off late on account of his deteriorating health and addiction to drugs etc., she left the said house and started residing a incident has been given a different colour by complainant in this context affidavit said to have been executed by the mother of the complainant appended along with petition also been referred to, wherein the lady has herself highlighted about the pitiable condition of her son, as also the reason why petitioner moved out of the house. Complainant was living in totally unhygienic condition and in view of re the family members shifted him to De unexplained delay of 4 days in lodging the FIR itself reflects upon the falsity of the case set up by the prosecution and indicat been portrayed. Incident did not occur in the manner as suggested by the complainant, who was got admitted in the De addiction Centre by the family members only to save his life. Learned counsel fu willing to join the investigation as and when called for by the IO. 3023-2026 2 Police Commissionerate Amritsar, has prayed for grant of pre arrest bail. Learned counsel contends that the petitioner, who is the foster sister of complainant, has been falsely implicated in the present case. In fact, complainant a qualified MBBS Doctor, unfortunately got addicted to alcohol. Fed up from his way of living and addiction to alcohol, even his wife left the matrimonial home and is presently residing with her father. Out of concern for his health and safety, the family members got him admitted in the De-addiction Centre. Learned counsel further submits that petitioner being sister of the complainant had been sharing a residential house with him, but off late on account of his deteriorating health and addiction to drugs etc., she left the said house and started residing at Beauty Avenue, Amritsar. It is further the submission of learned counsel that the incident has been given a different colour by complainant in this context affidavit said to have been executed by the mother of the complainant appended along with petition also been referred to, wherein the lady has herself highlighted about the pitiable condition of her son, as also the reason why petitioner moved out of the house. Complainant was living in totally unhygienic condition and in view of re the family members shifted him to De That apart, learned counsel submits that there is an unexplained delay of 4 days in lodging the FIR itself reflects upon the falsity of the case set up by the prosecution and indicates that facts have been twisted and a coloured version has been portrayed. Incident did not occur in the manner as suggested by the complainant, who was got admitted in the De addiction Centre by the family members only to save his life. Learned counsel further submits that petitioner is nonetheless willing to join the investigation as and when called for by the IO. Notice of motion. itsar, has prayed for grant of pre- Learned counsel contends that the petitioner, who is the foster sister of complainant, has been falsely implicated in the present case. In fact, complainant a qualified MBBS Doctor, to alcohol. Fed up from his way of living and addiction to alcohol, even his wife left the matrimonial home and is presently residing with her father. Out of concern for his health and safety, the family members got him admitted in . Learned counsel further submits that petitioner being sister of the complainant had been sharing a residential house with him, but off late on account of his deteriorating health and addiction to drugs etc., she left the said t Beauty Avenue, Amritsar. It is further the submission of learned counsel that the incident has been given a different colour by complainant in this context affidavit said to have been executed by the mother of the complainant appended along with petition as Annexure P-3 has also been referred to, wherein the lady has herself highlighted about the pitiable condition of her son, as also the reason why petitioner moved out of the house. Complainant was living in totally unhygienic condition and in view of request made by her the family members shifted him to De-addiction Centre. That apart, learned counsel submits that there is an unexplained delay of 4 days in lodging the FIR itself reflects upon the falsity of the case set up by the prosecution and es that facts have been twisted and a coloured version has been portrayed. Incident did not occur in the manner as suggested by the complainant, who was got admitted in the De- addiction Centre by the family members only to save his life. rther submits that petitioner is nonetheless willing to join the investigation as and when called for by the IO. - Learned counsel contends that the petitioner, who is the foster sister of complainant, has been falsely implicated in the present case. In fact, complainant a qualified MBBS Doctor, to alcohol. Fed up from his way of living and addiction to alcohol, even his wife left the matrimonial home and is presently residing with her father. Out of concern for his health and safety, the family members got him admitted in . Learned counsel further submits that petitioner being sister of the complainant had been sharing a residential house with him, but off late on account of his deteriorating health and addiction to drugs etc., she left the said It is further the submission of learned counsel that the incident has been given a different colour by complainant in this context affidavit said to have been executed by the mother of the 3 has also been referred to, wherein the lady has herself highlighted about the pitiable condition of her son, as also the reason why petitioner moved out of the house. Complainant was living in quest made by her That apart, learned counsel submits that there is an unexplained delay of 4 days in lodging the FIR itself reflects upon the falsity of the case set up by the prosecution and es that facts have been twisted and a coloured version has been portrayed. Incident did not occur in the manner as - addiction Centre by the family members only to save his life. rther submits that petitioner is nonetheless GURPREET 2026.05.06 17:29 I attest to the accuracy and authenticity of this document. CRM-M-3023 behalf of report. investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 3. L the order dated petitioner has joined the investigation. 4. Learned counsel for the State, on instructions Gurbhajan Singh, and is no longer required for further investigation. 5. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner 6. In view of the statement made by learned State counsel, the interim order dated Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Off conditions as provided under Section 482(2) of the BNSS 06.05.2026 Gurpreet 3023-2026 3 Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to file detailed status report. Adjourned to 12.03.2026. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad-interim bail, subject to her satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). Learned counsel for the petitioner submits tha the order dated 20.01.2026 passed by the Co-ordinate Bench joined the investigation. Learned counsel for the State, on instructions Gurbhajan Singh, has submitted that the petitioner ha no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the grant of bail to the petitioner. In view of the statement made by learned State counsel, the interim order dated 20.01.2026 passed by the Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on State and seeks time to file detailed status In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).” earned counsel for the petitioner submits that in compliance of ordinate Bench of this Court, the Learned counsel for the State, on instructions from ASI has submitted that the petitioner has joined the investigation no longer required for further investigation. Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the the Co-ordinate Bench of this Court, is made absolute. The petitioner shall continue to join investigation, as icer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No Mr. Kamalpreet Bawa, DAG, Punjab, accepts notice on State and seeks time to file detailed status In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of t in compliance of this Court, the from ASI joined the investigation Learned counsel appearing for the complainant submits that the offence committed by petitioner is serious in nature and hence, opposes the In view of the statement made by learned State counsel, the this Court, is made absolute. The petitioner shall continue to join investigation, as icer and shall also abide by the (RUPINDERJIT CHAHAL) GURPREET 2026.05.06 17:29 I attest to the accuracy and authenticity of this document.