CRM-M-4206-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4206-2025 Reserved on: 04.02.2025 Pronounced on: 07.02.2025 Mandeep Kaur ...Pe oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Kanwaljeet Singh Derabassi, Advocate for the pe oner. Mr. Jasjit Singh, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/on 136 25.09.2024 Lalru, Dis/. SAS Nagar 108 BNS, 2023 1. The pe oner apprehending arrest in the FIR cap oned above has come up before this Court under Sec on 482 of Bhara ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an cipatory bail. 2. In paragraph 13 of the bail pe on, the accused declares that she has no criminal antecedents. 3. The facts and allega ons are being taken from the reply filed by the State, which reads as follows: “3. That with regard to the subject maer, it is submied that case/FIR No.136 dated 25.09.2024 for offences u/s 108 BNS was registered at PS Lalru, District SAS Nagar against accused persons namely, Mandeep Kaur (pe44oner), Raj Kumar, Saroj and Sheela on the statement of complainant Jaswinder Singh whereby he stated that, he is a labourer by profession and has three brothers and one sister, all of whom are married. It was further alleged by the complainant that his younger brother Kulwant Singh was married to Mandeep Kaur (pe44oner) about seven years ago, however, no child was born from the marriage. It was further alleged by the complainant that Mandeep Kaur (pe44oner) had developed an illicit rela4onship with one Sunny a few years ago and when his brother 1 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-4206-2025 Kulwant Singh objected to this rela4onship, she did not listen and would return to her parental home in Village Ballopur a9er quarreling with him without any reason. It was further alleged that about a month before Kulwant Singh's death, a Panchaya4 compromise was reached between both families regarding Mandeep Kaur's (pe44oner's) rela4onship with Sunny in the future. The complainant further alleged that Mandeep Kaur (pe44oner) used to ins4gate his brother to Kulwant Singh commit suicide. He alleged that about a week before Kulwant Singh's death, Mandeep Kaur (pe44oner) had been con4nuously quarrelling with and harassing him. Therea9er, on 24.09.2024, Kulwant Singh and his wife Mandeep Kaur (pe44oner) went to her parental home in Village Ballopur. In the evening, they returned to their home in Village Jastna Khurd. Upon reaching home, Mandeep Kaur (pe44oner) started using abusive language. In the mean4me, her parents along with Sheela also arrived. Around 09:00-09:30 PM, upon reaching there, they all started quarreling with Kulwant Singh. Hearing the commo4on, the complainant went to his brother's house and saw the accused persons manhandling Kulwant Singh and ins4ga4ng him to commit suicide. The complainant further alleged that Kulwant Singh was also proclaiming that Mandeep Kaur (pe44oner) and her family had made his life miserable, that she had uerly humiliated him in society and that he had no right to live and would end his life. In the mean4me, Kulwant Singh went to his room and consumed some poisonous substance. When he started vomi4ng, all four accused fled from the house. As his health deteriorated, the complainant and his other brother Krishan Singh rushed him to Civil Hospital, Dera Bassi. He was then referred to GMCH-32, Chandigarh, where he succumbed during treatment. The complainant alleged that Kulwant Singh had commied suicide by consuming a poisonous substance due to the harassment by his wife Mandeep Kaur (pe44oner), father-in-law Raj Kumar, mother-in-law Saroj and neighbour Sheela. Accordingly, legal ac4on was sought against the aforesaid persons. Since, the perusal of the aforesaid statement prima facie revealed the commission of offences under Sec4on 108 BNS, therefore, case/FIR No.136/2024 (supra) was registered against the aforesaid accused persons including the pe44oner.” 4. The pe oner's counsel prays for bail by imposing any stringent condi ons and contends that further pre-trial incarcera on would cause an irreversible injus ce to the pe oner and her family. 2 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-4206-2025 5. The State’s counsel opposes bail and refers to the reply. 6. It would be appropriate to refer to the following por ons of the reply, which read as follows: “ROLE OF THE PETITIONER 8. That the role aributed to the pe44oner in the present case/FIR No. 136/2024 (supra) is that due to the atroci4es commied by the pe44oner and her co-accused, the deceased Kulwant Singh, took the extreme step of ending his life by consuming a poisonous substance at his house. It is submied that Mandeep Kaur (pe44oner) ins4gated the complainant's brother to commit suicide and had an illicit rela4onship with a person named Sunny and when the complainant's brother Kulwant Singh objected, she allegedly disregarded this concerns. It is further submied that Mandeep Kaur (pe44oner) and her family members have made his life miserable and his wife humiliated him in the society by regularly humilia4ng, quarrelling and abusing him. EVIDENCE AGAINST THE PETITIONER 9. That the evidence against the pe44oner includes the complainant's statement, in which he specifically named the pe44oner alleging that she along with his family members ins4gated the deceased to commit suicide. Furthermore, neighbours of the deceased, in their joint statement also stated that the pe44oner had illicit rela4onships with other men and she mentally harassed the deceased and ins4gated him to commit suicide.” REASONING: 7. Pre-trial incarcera on should not be a replica of post-convic on sentencing. The evidence might be prima facie sufficient to launch prosecu on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an cipatory bail. An analysis of the above does not jus fy custodial interroga on or pre- trial incarcera on. 8. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega ons and the other factors peculiar to this case, there would be no jus fiability for custodial interroga on or the pre-trial incarcera on at this stage. Without commen ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men oned above, the pe oner makes a case for bail. This order shall come into force from the me it is uploaded on this Court's official webpage. 3 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-4206-2025 9. Given above, provided the pe oner is not required in any other case, the pe oner shall be released on an cipatory bail in the FIR cap oned above subject to furnishing bonds to the sa sfac on of the Arres ng Officer, and if the ma/er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep ng the surety, the concerned Officer/Court must be sa sfied that if the accused fails to appear, such surety can produce the accused. 10. While furnishing a personal bond, the pe oner shall men on the following personal iden fica on details: 1. AADHAR number 2. Passport number (If available) and when the a/es ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 11. This order is subject to the pe oner’s complying with the following terms. 12. The pe44oner is directed to join the inves4ga4on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves4gator. The pe oner shall be in deemed custody for Sec on 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe oner shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 13. The pe oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 14. In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence 4 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment. CRM-M-4206-2025 exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 15. This bail is condi onal, and the founda onal condi on is that if the pe oner indulges in any non-bailable offense, the State may file an applica on for cancella on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 16. The concerned trial court is authorized to delete, modify, or relax any of the above condi ons and shall be competent to do so in accordance with the law. 17. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 18. A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe oner can download this order along with case status from the official web page of this Court and a/est it to be a true copy. If the a/es ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for a/es ng bonds. 19. Pe//on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 07.02.2025 Jyo -II Whether speaking/reasoned: Yes Whether reportable: No. 5 JYOTI 2025.02.07 15:14 I attest to the accuracy and integrity of this order/judgment.