Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 33602 (PNJ)

BHOLI KAUR v. STATE OF PUNJAB

CRM-M/14081/2025 · 2025-09-15

Sanjay Vashisth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M- 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 208 BHOLI KAUR STATE OF CORAM: PRESENT: SANJAY VASHISTH, J. (Oral) 1. 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here Name of Petitioner (s) Bholi Kaur age 45 years -14081-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BHOLI KAUR VS. STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Suman Rani, Advocate for Mr. J.K. Singla, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. **** SANJAY VASHISTH, J. (Oral) Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed here-under: Name of Petitioner FIR No. Date Section(s) Bholi Kaur age 45 126 22.11.2024 105 & 61(2) of the Bharatiya Nyaya Sanhita, 2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14081-2025 Decided on : 15.09.2025 . . . PETITIONER . . . RESPONDENT HON'BLE MR. JUSTICE SANJAY VASHISTH Ms. Suman Rani, Advocate Advocate Mr. Manjinder Singh Bhullar, DAG, Punjab. filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First under:- Section(s) Police Station District 105 & 61(2) of the Bharatiya Nyaya Sanhita, 2023 Joga Mansa filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First District Mansa POONAM SHARMA 2025.09.17 15:44 I attest to the accuracy and authenticity of this document CRM-M- 2 2. Bench of this Court Section 482 of BNSS, 2023 in case FIR No.126, dated 22.11.2024, under Sections 105, 61(2) of BNS, 2023, registered at Police Station Joga, District Mansa. the face of it, a false and fabricated version has been brought forth by the complainant in the FIR in question which is annexed as Annexure P been further contended that a perusal of the FIR reveals that a mere suspicion has been raised death of the deceased, who was found lying on the outskirts of the village along with an empty syringe besides him, which had been allegedly used to forcibly administer drugs. It has been contended by t had it been a case of forcible administration of drugs to the deceased, some resistance would have been put up by the deceased and which, in turn, would have found reflected in his postmortem report, however, it was not the case. accused, Sukhwinder Singh @ Ghuka and Hakam Singh, have already been extended the concession of interim bail by this Court vide orders dated 27.01.2025 and 05.02.2025 respectively. Punjab, accepts notice on behalf of respondent make his submissions. and appear before the investigating agency as and when called upon to do -14081-2025 On 17.03.2025, following order was passed Bench of this Court:- “Petitioner is seeking the concession of anticipatory bail under Section 482 of BNSS, 2023 in case FIR No.126, dated 22.11.2024, under Sections 105, 61(2) of BNS, 2023, registered at Police Station Joga, District Learned counsel for the petitioner face of it, a false and fabricated version has been brought forth by the complainant in the FIR in question which is annexed as Annexure P been further contended that a perusal of the FIR reveals that a mere suspicion has been raised therein qua the involvement of the petitioner in the death of the deceased, who was found lying on the outskirts of the village along with an empty syringe besides him, which had been allegedly used to forcibly administer drugs. It has been contended by t had it been a case of forcible administration of drugs to the deceased, some resistance would have been put up by the deceased and which, in turn, would have found reflected in his postmortem report, however, it was not the Learned counsel has also submitted that identically placed co accused, Sukhwinder Singh @ Ghuka and Hakam Singh, have already been extended the concession of interim bail by this Court vide orders dated 27.01.2025 and 05.02.2025 respectively. Notice of motion. On the asking of the Court, Mr. H.S. Deol, Senior DAG, accepts notice on behalf of respondent submissions. Adjourned to 05.05.2025. Meanwhile, the petitioner is directed to join the investigation pear before the investigating agency as and when called upon to do .2025, following order was passed by Coordinate the concession of anticipatory bail under Section 482 of BNSS, 2023 in case FIR No.126, dated 22.11.2024, under Sections 105, 61(2) of BNS, 2023, registered at Police Station Joga, District Learned counsel for the petitioner inter alia contends that, on face of it, a false and fabricated version has been brought forth by the complainant in the FIR in question which is annexed as Annexure P-1. It has been further contended that a perusal of the FIR reveals that a mere therein qua the involvement of the petitioner in the death of the deceased, who was found lying on the outskirts of the village along with an empty syringe besides him, which had been allegedly used to forcibly administer drugs. It has been contended by the learned counsel that had it been a case of forcible administration of drugs to the deceased, some resistance would have been put up by the deceased and which, in turn, would have found reflected in his postmortem report, however, it was not the Learned counsel has also submitted that identically placed co accused, Sukhwinder Singh @ Ghuka and Hakam Singh, have already been extended the concession of interim bail by this Court vide orders dated On the asking of the Court, Mr. H.S. Deol, Senior DAG, accepts notice on behalf of respondent-State and prays for time to Meanwhile, the petitioner is directed to join the investigation pear before the investigating agency as and when called upon to do by Coordinate the concession of anticipatory bail under Section 482 of BNSS, 2023 in case FIR No.126, dated 22.11.2024, under Sections 105, 61(2) of BNS, 2023, registered at Police Station Joga, District that, on face of it, a false and fabricated version has been brought forth by the 1. It has been further contended that a perusal of the FIR reveals that a mere therein qua the involvement of the petitioner in the death of the deceased, who was found lying on the outskirts of the village along with an empty syringe besides him, which had been allegedly used to he learned counsel that had it been a case of forcible administration of drugs to the deceased, some resistance would have been put up by the deceased and which, in turn, would have found reflected in his postmortem report, however, it was not the Learned counsel has also submitted that identically placed co- accused, Sukhwinder Singh @ Ghuka and Hakam Singh, have already been extended the concession of interim bail by this Court vide orders dated On the asking of the Court, Mr. H.S. Deol, Senior DAG, State and prays for time to Meanwhile, the petitioner is directed to join the investigation pear before the investigating agency as and when called upon to do POONAM SHARMA 2025.09.17 15:44 I attest to the accuracy and authenticity of this document CRM-M- 3 so. In the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by under Section 438(2) Cr.P.C./482(2) of the BNSS, 2023. 3. contends that in compliance of the order dated Court, petitioner has joined the investigation, and has fully co Therefore, he prays for confirmation of the said interim anticipatory bail order. 4. averment made by investigation on custodial interrogation of the petitioner is not required for the purpose of investigation. 5. 6. custodial interrogation is no more required; ad 23.06.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. -14081-2025 so. In the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Arresting/Investigating Officer. The petitioner shall abide by the terms and conditions as envisaged under Section 438(2) Cr.P.C./482(2) of the BNSS, 2023. To be heard along with CRM Continuing his submissions, l contends that in compliance of the order dated Court, petitioner has joined the investigation, and has fully co Therefore, he prays for confirmation of the said interim anticipatory bail Learned State counsel on instructions, confirms the said averment made by learned counsel for the petitioner of joining the investigation on 07.09.2025, by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. Heard learned counsel for the par Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad 23.06.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. so. In the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Arresting/Investigating the terms and conditions as envisaged under Section 438(2) Cr.P.C./482(2) of the BNSS, 2023. To be heard along with CRM-M-4319-2025”. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 17.03.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail Learned State counsel on instructions, confirms the said learned counsel for the petitioner of joining the , by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of Heard learned counsel for the parties. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 23.06.2025, passed by this Court is hereby made absolute. Accordingly, so. In the event of her arrest, she shall be admitted to interim bail on her furnishing bail bonds to the satisfaction of the Arresting/Investigating the terms and conditions as envisaged earned counsel for the petitioner .2025, passed by this operated. Therefore, he prays for confirmation of the said interim anticipatory bail Learned State counsel on instructions, confirms the said learned counsel for the petitioner of joining the , by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of Since, petitioner has already joined the investigation and interim bail order dated 23.06.2025, passed by this Court is hereby made absolute. Accordingly, POONAM SHARMA 2025.09.17 15:44 I attest to the accuracy and authenticity of this document CRM-M- 4 and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7. September 15 Poonam Sharma Whether speaking/reasoned: -14081-2025 However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Accordingly, petition stands disposed of September 15, 2025 Poonam Sharma Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No itioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE Yes/No Yes/No itioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid (SANJAY VASHISTH) POONAM SHARMA 2025.09.17 15:44 I attest to the accuracy and authenticity of this document