Gurmeet Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 31.07.2025 GURMEET KAUR

...Petitioner

Versus

STATE OF PUNJAB AND ANOTHER

...Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Lakshay Bector, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG Punjab.

Mr. Prikshit Thakur, Advocate for Mr. Rahul Bhargava, Advocate for respondent No.2. ***** KIRTI SINGH , J. (Oral) 1.

Apprehending arrest the petitioner has filed this petition under Section 438 of Cr.P.C. for grant of anticipatory bail in case bearing FIR No.215 dated 17.05.2023, under Sections 307, 323, 324, 354, 34, 506, and 341 IPC, registered at Police Station City Division No.7, District Ludhiana. 2.

This Court while issuing notice of motion on 03.07.2025 passed the following order:- "Apprehending arrest the petitioner has filed this petition under Section 438 of Cr.P.C. for grant of anticipatory bail in case bearing FIR No.215 dated 17.05.2023, under Sections 307, 323, 324, 354, 34, 506, and 341 IPC, registered at Police Station City Division No.7, District Ludhiana.

2.

Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present FIR, which was lodged after a delay of 02 days. It is a case of version and cross version and that it was in fact the complainant party who had attacked the petitioner and other co-accused. The allegations levelled against the petitioner are completely false and baseless. It has further been stated that the injury purportedly attributed to the petitioner is simple in nature, and the offence under Section 307 IPC is not made out against the petitioner.

3.

Learned State counsel while relying upon the contents of the status report has submitted that in view of the serious allegations levelled against the petitioner, she is not entitled to the concession of anticipatory bail. However, in para 4 of the affidavit that has been

filed by the Assistant Commissioner of Police Ludhiana, it has been stated that injury attributed to the petitioner is of brick blow on the shoulder of the complainant which was declared simple in nature. 4.

List on 31.07.2025.

5.

In the meantime, arrest of the petitioner shall remain stayed and he shall join investigation before the Investigating Agency/Officer and shall also abide by the following conditions as envisaged under Section 482(2) BNSS:-

1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

3) That the petitioner shall not leave India without prior permission of the Court."

3.

Learned State counsel on instructions from investigating officer submits that in compliance of order dated 03.07.2025, the petitioner has joined the investigation and is not required for any further investigation. 4.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 03.07.2025 passed by this Court, is hereby made absolute.

5.

This order should not be treated as "blanket" order. It will not be read granting the 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.

This order does not in any manner limit or restrict the rights or duties of the police or investigating agency to investigate into the charges against the petitioner.

7.

The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer.

8.

The accused/petitioner shall not leave India without prior permission of the Court.

9.

The accused/petitioner shall join the investigation as and when called by the police.

10.

It will be open to the police or the investigating agency to move to this Court for a direction under Section 483(3) of BNSS (erstwhile Section 439(2) of the Code of Criminal Procedure, 1973) to arrest the accused, in the event of violation of any term, such as absconding, noncooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) 31.07.2025 JUDGE Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No