CRM-M-22693-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CRM-M-22693-2026 (O&M) Date of decision:07.07.2026 Meena Kumari ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Jasraj Singh, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. Mr. J.S. Sekhon, Advocate for the complainant. ... Manisha Batra, J. (Oral). 1. The present petition has been filed by the petitioner seeking benefit of regular bail in case arising out of FIR No.273, dated 20.12.2025, registered under Sections 103, 190 and 191(3) of the BNS, at Police Station Model Town, District Hoshiarpur. 2. The aforementioned FIR was registered on the basis of statement recorded by the complainant – Amrit Lal, alleging therein that on the night of 19.12.2025, on hearing some noises, he came outside his house and found that accused Karan Bali, Nitin Bali @ Vansh, Karamvir Bali and Vinay Kumar @ Sonu along with some other persons armed with some deadly weapons were assaulting his son Ajay Kumar. The present petitioner was also standing there and was making exhortations, thereby saying that his HARJEET KAUR 2026.07.08 18:23 I attest to the accuracy and integrity of this document CRM-M-22693-2026 (O&M) -2- son should be taught a lesson for interfering in their family matters and should not be escaped. Within the sight of the complainant, accused Nitin Bali @ Vansh struck a blow with a khanda on the head of his son, due to which, he had fallen on the ground and then other accused caused injuries to him and also kicked him. On clamour being raised by the complainant, some other persons reached there and then the assailants fled away with their respective weapons. They had rushed the victim to the hospital but he succumbed to the injuries. The cause of grudge was that accused Karamvir Bali and his family members used to extend beatings to Parveen Bali and the victim had gone there to pacify and make them understand. 3. After registration of the FIR, investigation proceedings were initiated. The post mortem examination of the dead body was conducted as per which, the cause of death was the head injury sustained by the victim. The petitioner was arrested on 20.12.2025. Other accused were also arrested subsequently. Investigation now stand concluded. 4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The only role attributed to her is that she had made exhortations at the time of occurrence. The exaggerated version has been projected by the complainant to implicate all the family members of the complainant. Infact, it is case of version and cross-version as her husband Karan Bali had also recorded DDR No.36 as against the members of the complainant party, who were the actual aggressors. No specific role or injury has been attributed to her but the fatal injury has been attributed to her son Nitin Bali. Even the CCTV footage of the occurrence is available, which shows that there was no participation on behalf of the petitioner. She is in HARJEET KAUR 2026.07.08 18:23 I attest to the accuracy and integrity of this document CRM-M-22693-2026 (O&M) -3- custody since long. No useful purpose would be served by detaining her in custody anymore. There are no chances of conclusion of trial in near future as none out of 21 prosecution witnesses has been examined so far. It is, therefore, argued that the petition deservers to be allowed. 5. Per contra, learned State counsel assisted by learned counsel for the complainant has vehemently argued that taking into consideration the gravity of the allegations as levelled against the petitioner and the fact that she had formed an unlawful assembly with the co-accused and had actively participated by making exhortations to not to spare the victim, she does not deserve to be extended the benefit of bail. 6. This Court has heard the rival submissions made by learned counsel for the parties. 7. The role attributed to the petitioner is that of making an exhortation at the time of occurrence. No specific overt act of causing injuries to the victim has been attributed to her. She has been linked with the offence with the aid of Section 190 of the BNS. The essential ingredients for commission of the offence under Sections 190 of the BNS are that there must be an unlawful assembly and offence must have been committed in prosecution of common object of that unlawful assembly. It is well settled proposition of law that in cases of group violence, individual roles must be specifically established, and mere presence at the scene of the crime cannot impute the same level of culpability to all accused. The absence of such specific evidence against petitioner militates against the denial of bail. Reference in this regard can be placed upon the decision of the Hon'ble Supreme Court in Ranjit Singh Vs. State of Madhya Pradesh, (2011) 4 HARJEET KAUR 2026.07.08 18:23 I attest to the accuracy and integrity of this document CRM-M-22693-2026 (O&M) -4- SCC 336 wherein it was so observed. 8. Keeping in view the above discussed facts and circumstances and the role attributed to the petitioner, this Court is of the considered opinion that the petitioner cannot be imputed the same level of culpability as compared to the assailants, who had actively participated in the occurrence of murder of victim and as such, the petitioner has made out a case for his release on bail. Accordingly, the petition is allowed and the petitioner is ordered to be admitted to bail subject to her furnishing personal as well as surety bonds to the satisfaction of learned trial Court/CJM/Duty Magistrate concerned. 9. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. 10. Pending application(s), if any, shall also stand disposed of. (MANISHA BATRA) 07.07.2026 JUDGE harjeet Whether speaking/reasoned: Yes/No Whether reportable: Yes/No HARJEET KAUR 2026.07.08 18:23 I attest to the accuracy and integrity of this document