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2025 DAILYLAW 77794 (PNJ)

MONIKA v. STATE OF PUNJAB

CRM-M/36483/2025 · 2025-09-10

Sanjay Vashisth

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (214) CRM-M-36483-2025 Date of Decision: 10.09.2025 Monika --Petitioner Versus State of Punjab --Respondent CORAM:- HON'BLE MR. JUSTICE SANJAY VASHISTH. Present:- Mr. Bhavesh Aggarwal, Advocate for the petitioner. Mr. Manjinder Singh Bhullar, DAG, Punjab. *** SANJAY VASHISTH.J (Oral) 1. 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 hereunder:- Name of petitioner FIR No. Date Section(s) Police Station District Monika 42 22.04.2025 305, 331(4), 3(5) of BNS. Sadar Gurdaspur Gurdaspur 2. On 14.07.2025, following order was passed:- “Petitioner prays for grant of pre-arrest bail in FIR No.42 dated 22.04.2025 registered under Sections 305/331(4)/3(5) of BNS at Police Station Sadar Gurdaspur, District Gurdaspur. Learned counsel for the contends that the present petitioner has been falsely involved in the present case, as she happens to be wife of the main accused, namely, Gifty Masih. LUCKY 2025.09.11 10:14 I attest to the accuracy and integrity of this document High Court chandigarh CRM-M-36483-2025 -2- Even from the CCTV footage, it is apparent that the petitioner had crossed the house of the complainant at 09.40 PM on 09.04.2025, whereas the alleged occurrence had taken place at about 12.40 AM on 10.04.2025. Thus, the petitioner has been falsely involved in the present case. Even otherwise, Gifty Masih, the husband of the petitioner was arrested by the police and vide order (Annexure P-2), he has been granted the concession of regular bail by the trial Court. Notice of motion. On the asking of Court, Mr. Tarun Aggarwal, Addl. A.G., Punjab accepts notice on behalf of the respondent- State. List on 10.09.2025. In the meantime, the petitioner is directed to join the investigation. In the event of arrest, she shall be released on interim bail to the satisfaction of arresting/investigating officer subject to the conditions envisaged under Section 438 (2) Cr.P.C./482 (2) of BNSS, 2023.” 3. Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 14.07.2025, passed by this Court, petitioner has joined the investigation on 31.08.2025, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. 4. Learned State counsel on instructions, confirms the said averment made by learned counsel for the petitioner of joining the investigation on 31.08.2025, by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. 5. Heard learned counsel for the parties. 6. Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated LUCKY 2025.09.11 10:14 I attest to the accuracy and integrity of this document High Court chandigarh CRM-M-36483-2025 -3- 14.07.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. 7. 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. 7. Accordingly, petition stands disposed of. Misc. application(s), if any, also stand disposed of. 10.09.2025 (SANJAY VASHISTH) lucky JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No LUCKY 2025.09.11 10:14 I attest to the accuracy and integrity of this document High Court chandigarh