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2025 DAILYLAW 71031 (PNJ)

GURMEET KAUR ALIAS SIMRAN MAAN v. STATE OF PUNJAB

CRM-M/33043/2025 · 2025-07-31

Sumeet Goel

body2025

Judgment text

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CRM-M-33043-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 207 CRM-M-33043-2025 Date of decision: 31.07.2025 GURMEET KAUR ALIAS SIMRAN MAAN ....PETITIONER V/s STATE OF PUNJAB ....RESPONDENT CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Bhavesh Aggarwal, Advocate for the petitioner. Mr. Karunesh Kaushal, AAG, Punjab. ***** SUMEET GOEL , J. 1. Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in case bearing FIR No. 137 dated 03.09.2024, registered for the offences punishable under Section 108 of BNS, 2023 (or Section 306 of IPC) at Police Station Moti Nagar, District Ludhiana City. 2. On 07.07.2025, the following order was passed:- “Apprehending her arrest in FIR No.137 dated 03.09.2024 registered for offences punishable under Section 108 of BNS, 2023 at Police Station Moti Nagar, District Ludhiana City; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Inter alia contends that the prime allegation in the prosecution case is that there was extra marital affair between the petitioner and the deceased on account of which the instant FIR has been registered; the petitioner is a lady aged about 32 years; the FIR in question has been registered after inordinate delay of 18 days of the alleged incident; no effective recovery is to be made from the petitioner & the petitioner is willing to join investigation and cooperate therein. In order to buttress his arguments, learned counsel for the petitioner has relied upon the dicta of the judgments rendered by three Judge Bench of Hon'ble Supreme Court in ‘Ayyub & Ors. Vs. State of Uttar Pradesh & Anr: 2025(3) SCC 334’. Notice of motion. On asking of the Court, Mr. Jatinder Pal Singh, Sr. DAG, Punjab, appears and accepts notice on behalf of the respondent-State. Adjourned to 31.07.2025. JATIN 2025.07.31 16:54 I attest to the accuracy and integrity of this document CRM-M-33043-2025 2 The petitioner is directed to appear before the Investigating Officer on 10.07.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.” 3. Learned State counsel, on instructions, has stated that pursuant to the order dated 07.07.2025, the petitioner has joined investigation and is no longer required for custodial interrogation. 4. In view of above, the present petition is allowed and interim order dated 07.07.2025 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2)of BNSS, 2023. 5. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 6. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under 482(2)of BNSS, 2023 or upon showing any other sufficient cause. 7. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 8. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE July 31, 2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.07.31 16:54 I attest to the accuracy and integrity of this document