Bhago Devi v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.05.2026 Bhago Devi ..... Petitioner

Versus

State of Punjab ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJESH BHARDWAJ *****

Present:

Mr. Ravinder Kumar, Advocate and Ms. Pearl Narang, Advocate for the petitioner.

Mr. Raj Karan Singh, Asstt. A.G., Punjab.

***** RAJESH BHARDWAJ, J. (ORAL) 1.

Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.34, dated 08.03.2025, under Sections 103(1), 191(3), 190 and 61(2) of BNS, registered at Police Station Boha, District Mansa, Punjab.

2.

Succinctly, the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Veer Pal Kaur. It was alleged that the complainant was serving under the National Health Mission in Health Department at Mohali. It was alleged that on 08.03.2025, at about 10:00 A.M., the complainant along with her mother, namely, Manjit Kaur visited their ancestral house situated at Boha, which was in their possession since long and the construction work was

-2underway. It was alleged that at about 11:00 A.M., Sandeep Singh, who was armed with a wooden plank, Kaka Singh was empty handed, Bhago Devi, i.e. the petitioner and wife of Kaka Singh arrived at their house. Kaka Singh raised a lalkara to teach the lesson to Manjit Kaur for raising construction. Thereafter, Bhago Devi (petitioner) and his mother caught hold of Manjit Kaur and then, Sandeep Singh gave a blow on her with a wooden plank, which hit on her head and thus, mother of the complainant fell down. Thereafter, on raising alarm, all the accused fled away from the spot with their respective weapons. Due to the injuries suffered, mother of the complainant, namely, Manjit Kaur, died on the spot. Dead body of Manjit Kaur brought to Civil Hospital, Budhlada. Thus, the request was made to take legal action against the accused.

On the basis of the same, the FIR was registered. On registration of the FIR, the investigation commenced. Resultantly, the petitioner was arrested on 09.03.2025. On completion of the investigation, the challan was presented and on framing of charges, the trial commenced. The petitioner approached the Court of learned Sessions Judge, Mansa praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Sessions Judge, mansa dismissed the bail application filed by the petitioner vide order dated 09.01.2026. Hence being aggrieved, the petitioner is before this Court praying for grant of regular bail by way of filing the present petition.

3.

Learned counsel for the petitioner has vehemently contended that the petitioner has been falsely implicated in the present case. He has submitted that the alleged occurrence has taken place on 08.03.2025 and the petitioner was clandestinely roped in the present case. He has

-3submitted that even otherwise, the role attributed to the petitioner is to the effect that she caught hold the deceased, namely, Manjit Kaur. He has submitted that the fatal blow on the head of Manjit Kaur has been allegedly attributed to the co-accused, namely, Sandeep Singh. To buttress his arguments, learned counsel for the petitioner has submitted that the petitioner has no criminal antecedents as she has never been involved in any other case. He has submitted that the investigation is complete, charges have already been framed and now the prosecution has filed the petition under Section 319 Cr.P.C., thus, it is evident that the trial would take sufficiently long time. He has submitted that the petitioner is behind bars since the date of her arrest, i.e. 09.03.2025. He has submitted that in the overall facts and circumstances of the case, the petitioner deserves to be granted regular bail.

4.

Per contra, learned State counsel has vehemently opposed the submissions made by counsel for the petitioner. He has submitted that the petitioner has not only specifically named in the FIR rather she has played an active role. He has submitted that the petitioner caught hold the deceased. He has submitted that it is on her holding the deceased, the coaccused, namely, Sandeep Singh has given a blunt blow on her head. He, on instructions, has submitted that the charges have been framed and now the petition under Section 319 Cr.P.C. has been filed, which is pending adjudication. He has produced custody certificate of the petitioner today in the Court, which is taken on record.

5.

Heard.

6.

After hearing counsel for the parties and perusing the record, it is deciphered that the alleged occurrence has taken place on 08.03.2025.

-4the petitioner has been alleged to have caught hold the deceased, namely, Manjit Kaur. Postmortem report shows that there are 03 injuries suffered by the deceased, Manjit Kaur, however, the same were attributed to the coaccused, namely, Sandeep Singh. Investigation stands complete and charges have been framed. Custody certificate produced would show that the petitioner has suffered an incarceration of 01 year, 01 month and 22 days as on 03.05.2026. It further reflects that the petitioner is not involved in any other case.

7.

The veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence to be led by both the parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long time. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned counsel for the petitioner succeeds in making out a case for grant of regular bail to the petitioner.

8.

Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. 9.

Nothing said herein shall be treated as an expression of opinion on the merits of the cases.

(RAJESH BHARDWAJ) 04.05.2026 JUDGE rittu Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No