CRM-M-22478- IN THE H (101+215) NACHHTTAR K STATE OF PUNJ CORAM: HON Present: Mr. Mr. R Dr. G for th MANISHA BATR CRM-20552-2026 1. Praye for permitting her 2. The a documents are o respectively. CRM-M-22478- 1. The i 482 of Bharatiya grant of anticipato registered under S -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH AR KAUR Versus PUNJAB AND ANOTHER HON'BLE MRS. JUSTICE MANIS Mr. Prince Sharma, Advocate for the Mr. Roshandeep Singh, AAG, Punjab Dr. Gurbinder Kaur Randhawa, Advo for the applicant/respondent No.2 **** BATRA, J. (ORAL) 2026 Prayer in this application is made by g her to place certain documents on re The application is allowed subject t are ordered to be placed on reco -2026 The instant petition has been filed b ratiya Nagarik Suraksha Sanhita, 202 ticipatory bail in case arising out of F nder Sections 333, 115(2), 351(2), JAB AND HARYANA AT ARH CRM-M-22478-2026 (O&M) Date of decision : 08.05.2026 ... Petitioner ...Respondents ANISHA BATRA or the petitioner Punjab , Advocate de by the applicant-respondent No.2 s on record. bject to all just exceptions and the n record as Annexure C1 to C9 filed by the petitioner under Section a, 2023 (for short “BNSS”) seeking ut of FIR No.114 dated 01.03.2026 1(2), 191(3) and 190 of Bharatiya M) 2026 No.2 the C9 ction king 2026 atiya AMIT SHARMA 2026.05.11 10:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-22478- Nyaya Sanhita, 20 Goindwal Sahib, D petitioner, Section the petition. 2. The a got recorded by th 01.12.2025, she w for doing construc Balwinder Singh, Kaur, who are her house by climbin assaulting Ramand Kaur caught hold She was kicked assaulted. On cla grudge was that h brothers were dem they were forcibly FIR, investigatio Apprehending he anticipatory bail w Sessions Judge, Ta -2026 (O&M) 2 ita, 2023 (for short “BNS”) at Police S ahib, District Tarn Taran. On oral req ection 117(2) has been added in the The aforementioned FIR was registe d by the complainant Parwinder Kaur she was present in her house. Raman nstruction work was also present, whe Singh, who were her brothers alongw re her sister-in-laws accompanied by J limbing over the wall of the house amandeep and herself. They were arm t hold of her arms whereas the petitio icked on her face and abdomen a On clamour being raised, the assaila that her father had constructed a se re demanding a share in the same and orcibly trying to take possession of th tigation proceedings have been in her arrest, the petitioner moved bail which has been dismissed by the ge, Tarn Taran vide order dated 16.03 olice Station Goindwal Sahib, Tehsil ral request of learned counsel for the in the headnote as well as prayer of registered on the basis of statement r Kaur alleging that on the night of amandeep mason who was engaged t, when the accused Baljinder Singh, alongwith petitioner and Balwinder ed by Juvraj Singh entered inside her house. They immediately started ere armed with weapons. Balwinder petitioner threw her on the ground. en and Ramandeep was brutally assailants fled away. The cause of d a separate house for her and her me and after the death of her father, n of the same. After registration of een initiated and are underway. oved an application for grant of by the Court of Learned Additional 16.03.2026. ehsil r the er of ment ht of aged ingh, inder e her arted inder und. tally se of her ther, n of way. t of ional AMIT SHARMA 2026.05.11 10:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-22478- 3. It is a falsely implicated not the prosecution of 03 months in lo She is ready to jo No recovery is to to be released on b 4. Per co respondent No.2 petitioner are ser assembly with the grievous injuries o day. She had sust has been added in exercised by the keeping in view powers do not des does not deserve to 5. This C for the parties at co 6. The unlawful assembly thereof is alleged -2026 (O&M) 3 It is argued by learned counsel for th icated in this case. No specific role h ecution version that she was armed wi s in lodging of the FIR, which has no y to join investigation. Her custodial is to be effected from her. It is, there d on bail and the petition deserves to b Per contra, learned State counsel assi No.2 has vehemently argued that re serious in nature as by forming ith the co-accused, she had voluntar uries on the person of the victim-comp ad sustained grievous injuries. Office ded in this case. The powers for gran y the Court in exceptional and spar view the nature of the injuries as s ot deserve to be exercised. It is, ther erve to be allowed. This Court has heard the rival submis es at considerable length. The petitioner is alleged to have sembly with the co-accused and in pro lleged to have caused simple as we l for the petitioner that she has been role has been attributed to her. It is ed with any weapon. There is delay has not been satisfactorily explained. stodial interrogation is not required. s, therefore, argued that she deserves es to be allowed. el assisted by learned counsel for the that the allegations against the rming membership of an unlawful oluntarily caused simple as well as complainant on the night of fateful Office under Section 117(2) of BNS r grant of anticipatory bail are to be d sparingly circumstances whereas s as sustained by the victim, these is, therefore, argued that the petition ubmissions made by learned counsel have formed membership of an in prosecution of common objection as well as grievous injuries on the been It is elay d. ired. erves r the the wful ll as eful BNS be ereas these tition unsel f an ction the AMIT SHARMA 2026.05.11 10:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-22478- person of the vict mandibular region case, the victim to be quite serious investigation in th Moreso, it is well the investigation to purposes. The pow be exercised spari stage. In case Investigating Agen adversely effectin order of anticipa procedure of crim investigation so interrogation of th the Court has to b and gravity of the other factors to de such grant to some The Court must anticipatory bail a granted only when -2026 (O&M) 4 e victim. The injuries Nos.1, 2 and region have been opined to be griev had sustained 03 grievous injurie erious in nature. For the purpose of co n in the matter, custodial interrogation s well settled proposition of law that a ation to secure not only the presence o he powers of anticipatory bail are extr sparingly in exceptional circumstan case custodial interrogation of the g Agency, that shall leave many glarin ffecting the investigation. The Court ticipatory bail does not operate as of criminal cases by the trial Cou n so as to avoid any loopholes of the petitioner is must. The judic s to be properly exercised after applic of the accusation, possibility of appl s to decide whether it is a fit case fo o some extent interferes in the sphere must be circumspect while exercisi bail and it should not be granted as y when the Court is convinced that ex 2 and 3 which were fractures in the grievous in nature. In the instant injuries on her person which appear e of conducting thorough and proper ogation of the petitioner is required. that arrest is a part of procedure of ence of the accused but several other re extra ordinary and the same are to mstances. The case is at its nascent f the petitioner is denied to the glaring loopholes and gaps, thereby Court is also required to see that an ate as inroad in the normal legal l Court. For conducting effective holes in the same, the custodial e judicial discretion conferred upon application of mind as to the nature f applicant fleeing from justice and ase for grant of anticipatory bail as phere of investigation of an offence. xercising such power for grant of ed as a matter of rule and has to be that exceptional circumstances exist n the stant pear roper ired. re of other re to scent the reby at an legal ctive odial upon ature and il as ence. t of to be exist AMIT SHARMA 2026.05.11 10:04 I attest to the accuracy and integrity of this order/judgment. CRM-M-22478- to resort to that ex circumstances war this Court are exis petition does not d 7. It is m the purpose of dec on the merits of th 8. Since any, is rendered in 08.05.2026 Amit Sharma -2026 (O&M) 5 that extra ordinary remedy. In the pre es warranting exercise of the powers f re existing. As such, this Court is of t s not deserve to be allowed. According It is made clear that any observation of deciding the present petition and t s of the case. Since the main petition has been dism ered infructuous. (MA Whether speaking/reasoned: Whether reportable:- Yes/No he present case, no such exceptional wers for grant of anticipatory bail by f the considered opinion that the ordingly, the same is dismissed. vation made herein above is only for and the same shall have no bearing dismissed, pending application, if (MANISHA BATRA) JUDGE oned:- Yes/No es/No ional il by t the y for aring n, if AMIT SHARMA 2026.05.11 10:04 I attest to the accuracy and integrity of this order/judgment.