JUDGMENT :

Anoop Chitkara, J.

1. Apprehending arrest in the FIR captioned above, on the allegation of causing murder of Satnam Singh sharing common intention with co-accused, the petitioner who is a woman aged 52 years, has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.

3. Petitioner's counsel prays for bail by imposing any stringent conditions and states that they would have no objection to the conditions and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The petitioner contends that the further pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. State's counsel opposes the bail.

5. Prosecution case is being extracted from FIR (Annexure P-1) which reads as follows:-

"Statement of Simranjeet Kaur wife of Gurpreet Singh resident Ladhupur, PS Kahnuwan, aged about 29 years, mobile No.98154-75524. Stated that I am a resident of the above said address and I am doing household work. I had come to my parental house at Sri Hargobindpur on 04.09.2023. My father Satnam Singh son of Kartar Singh resident of Mohalla Santokhpura, Ward No. 10, Sri Hargobindpur has constructed shops near the house and for the purpose of flooring in front of the shops, rori was laid. Near the shops of my father, a street leads to the house of Balkar Singh son of Pritam Singh resident of Mohalla Santokhpura, Ward No. 10, Sri Hargobindpur, who used to stop us from laying flooring in front of the shops by saying that it creates hindrance in the street. On 05.09.2023, at about 8:30 AM due to this reason, an argument ensued between my father Satnam Singh and Harjeet Singh and Balkar Singh outside the shops. Later Harjeet Singh and Balkar Singh went to their house. I and my father Satnam Singh also went to our house. In the meantime, Charanjit Singh son of Mohinder Singh resident of Sri Hargobindpur also came to our house. Later Harjeet Singh son of Balkar Singh armed with iron sabbal, Balkar Singh son of Pritam Singh armed with hoe, Jaswinder Kaur wife of Balkar Singh armed with a brick bat, Palwinder Singh son of Balkar Singh empty handed came to our house while giving abuses. Then Palwinder Singh raised a lalkara and said that catch hold of Satnam Singh and teach him a lesson for laying flooring in front of the shops. Then Harjeet Singh son of Balkar Singh gave a sabbal blow on the right arm of my father Satnam Singh. Then Balkar Singh gave a reverse blow of hoe to my father Satnam Singh which hit on his left thumb. Then Jaswinder Kaur wife of Balkar Singh hurled a stone at my father Satnam e Singh which hit on his hand. Then I and Charanjit Singh saved my father Satnam Singh from them, upon which the above said assailants fled away from the spot with their respective weapons. On coming to know about the guarrel, my father-inlaw Salwinder Singh son of Harnam Singh resident of Ladhupur also came, who arranged for a convenience and took my father to Deepak Ortho Medical Center, Hospital, Gurdaspur, where my father Satnam Singh died during treatment on 05.09.2023 at about 10:30 PM. We took the dead body of my father Satnam Singh to Civil Hospital, Batala Dead House."

6. I have heard counsel for the parties and have gone through the record.

7. An analysis of the statement clearly points out that it was made only after the victim Satnam Singh had died, however, even prior to that, the matter was reported to the concerned police and the said fact finds mention in the reply dated 03.04.2024 filed by concerned DySP which reads as follows:-

"On 05.09.2023 at about 03.00 PM a formal complaint bearing NO.1304-PC dated 05.09