CRM-M-20996-2025 1 242 AT CHANDIGARH CRM-M-20996-2025 Date of Decision:06.08.2025 Sarbajit Kaur @ Sarabjit Kaur ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Vikas Gupta, Advocate for the petitioner. Ms. Simran Goria, AAG, Punjab. *** RAJESH BHARDWAJ , J. (ORAL) 1. Petitioner has approached this Court by way of present petition praying for granting regular bail in case FIR No.29 dated 05.03.2025 under Sections 103/238/191(3)/190 of BNS, 2023 (Sections 191(3)/190 were deleted and Section 61(2) of BNS was added later on), registered at Police Station City Patti, Tarn Taran. 2. Mr. Vikas Gupta, Advocate puts in appearance on behalf of the petitioner and has filed Power of Attorney with no-objection from the earlier counsel, which is taken on record. 3. Succinctly, facts of the case are that the FIR has been lodged on the basis of the statement of the complainant Tarsem Singh. It was alleged that his sister Gurpreet Kaur, aged about 38 years, was married with Chamkaur Singh, about 17 years ago. There was a dispute between husband and wife as her husband Chamkaur Singh had illicit relations with co-accused Renu. Gurpreet Kaur used to object this relationship, however, the same was not PARVEEN KUMAR 2025.08.08 10:19 I attest to the accuracy and integrity of this document CRM-M-20996-2025 2 adhered to and thus, a rift between husband and wife kept wide range. On 03.03.2025 at about 09:00 pm, he received information that his sister Gurpreet Kaur is missing from home. On receiving the information, he reached at her matrimonial home, however, he did not find her. It was suspected that his sister has been done to death by her husband Chamkaur Singh, mother-in-law Sukhwinder Kaur, sister-in-law Sarabjit Kaur (petitioner) and nephew Gurpreet Singh by strangulation and destroyed her dead body. Request was made to take legal action against the culprits. On registration of the FIR, the investigation was commenced. The petitioner was arrested on 07.03.2025. The petitioner approached the Court of learned Additional Sessions Judge, Tarn Taran praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the petitioner vide order dated 26.03.2025. Hence, the petitioner has approached this Court praying for grant of bail by way of filing the present petition. 4. It has been vehemently contended by learned counsel for the petitioner that the petitioner has been falsely and frivolously implicated in the present case. He submits that the petitioner is married sister-in-law of the deceased. He submits that the petitioner is more than 40 years of age and she was living in her matrimonial home at the time of occurrence. He further submits that as per allegations made in the FIR, the dispute is between husband and wife and the petitioner had no role whatsoever in the alleged offence. It is further submitted that the petitioner being sister-in-law of the deceased had been deliberately implicated in the present case. He further submits that the petitioner is behind bars since the date of her arrest i.e. 07.03.2025. Investigation is already complete in the present case and she has no criminal antecedents. He, thus, submits that in the facts and circumstances of the present PARVEEN KUMAR 2025.08.08 10:19 I attest to the accuracy and integrity of this document CRM-M-20996-2025 3 case, the petitioner deserves to be granted bail. 5. Per contra, learned State counsel has opposed the submissions made by counsel for the petitioner. She submits that the deceased was missing from home since 03.03.2025 whereas her dead body was recovered from the canal on 07.03.2025. The post-mortem report of the dead body was conducted and it was found by the doctor that cause of death was due to strangulation. She, however, submits that the petitioner is a married woman. She submits that investigation is complete and challan has only been presented whereas charges are yet to be framed. She has placed on record the custody certificate of the petitioner. 6. After hearing counsel for the parties and perusing the record, it is deciphered that the petitioner is sister-in-law of the deceased. She was already married and was living in her matrimonial home on that fateful day. She has been alleged to be part of the conspiracy but the same is a debatable issue. Challan has already been presented in the present case. The trial of the case is likely to take sufficient time. The custody certificate would reflect that the petitioner has suffered incarceration of 04 months & 26 days as on 05.08.2025. It further reflects that the petitioner has no criminal antecedents. 7. The veracity of the allegations and counter allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner. PARVEEN KUMAR 2025.08.08 10:19 I attest to the accuracy and integrity of this document CRM-M-20996-2025 4 8. Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. 9. Nothing said herein shall be treated as an expression of opinion on the merits of the case. (RAJESH BHARDWAJ) 06.08.2025 JUDGE Parveen kumar Whether speaking/reasoned :Yes/No Whether reportable :Yes/No PARVEEN KUMAR 2025.08.08 10:19 I attest to the accuracy and integrity of this document