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2025 DAILYLAW 95328 (PNJ)

KULJIT KAUR v. STATE OF PUNJAB

CRM-M/46967/2025 · 2025-09-23

Sumeet Goel

body2025

Judgment text

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CRM-M-46967-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 220 CRM-M-46967-2025 Date of decision: 23.09.2025 KULJIT KAUR ....PETITIONER V/s STATE OF PUNJAB ....RESPONDENT CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. M.S. Sidhu, Advocate for the petitioner. Mr. Jaypreet Singh, DAG, Punjab. Mr. Naveen Bawa, Advocate for the complainant. ***** 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. 145 dated 27.06.2025, registered for the offences punishable under Sections 108 and 3(5) of BNS, 2023 at Police Station Lopoke, Police District Amritsar Rural, District Amritsar. 2. On 26.08.2025, the following order was passed:- “Apprehending her arrest in FIR No.145 dated 27.06.2025 registered for offences punishable under Sections 108 and 3(5) of BNS 2023 at Police Station Lopoke, Police District Amritsar Rural, District Amritsar; the petitioner has preferred this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. Counsel for the petitioner, inter alia, contends that the marriage between the petitioner and deceased-Satnam Singh took place in the year 2015, a male child was also born from this wedlock, the dispute between the petitioner and the deceased can be termed at the most to be routine matrimonial wrangling, the offence under Section 108 of BNS 2023 (earlier Section 306 of IPC) is not made out from the factual milieu of the case in hand & the petitioner is JATIN 2025.09.23 16:40 I attest to the accuracy and integrity of this document CRM-M-46967-2025 2 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 of the Hon’ble Supreme Court in Mohit Singhal & Anr. Vs. The CRM-M-State of Uttarkhand & others, 2023 INSC 1035 and in Abhinav Mohan Delkar Vs. The State of Maharashtra and others, 2025 INSC 990. Notice of motion. On the strength of advance notice; Mr. Gurpartap S. Bhullar, AAG, Punjab has entered appearance on behalf of the respondent-State of Punjab. Adjourned to 23.09.2025. The petitioner is directed to appear before the Investigating Officer on 01.09.2025 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 26.08.2025, the petitioner has joined investigation and is no longer required for custodial interrogation. 4. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that the allegations raised against the petitioner are direct/serious in nature and hence he ought not to be extended the concession of anticipatory bail. He has further iterated that in case the petitioner is extended the concession of anticipatory bail, there is all the likelihood that he may interfere with the investigation as also intimidate the investigation/witnesses. 5. Keeping in view the factual milieu of the case in hand; especially the factum of the petitioner having joined investigation and cooperated therein and is no longer required by the State for further custodial interrogation, this Court is inclined to confirm the order dated JATIN 2025.09.23 16:40 I attest to the accuracy and integrity of this document CRM-M-46967-2025 3 26.08.2025 granting anticipatory bail to the petitioner, subject to the conditions as enumerated under Section 482(2) of BNSS. 6. Ordered accordingly. 7. 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. 8. 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 Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 9. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 10. Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE 23.09.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.09.23 16:40 I attest to the accuracy and integrity of this document