Custodial interrogation is essential for effective investigation in serious offences, as it is more elicitation-oriented than questioning a suspect protected by pre-arrest bail. Courts must balance individual rights against the societal interest in ensuring a fair and thorough investigation into grave crimes.

JUDGMENT

RUPINDERJIT CHAHAL, J (ORAL)

1. Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.10 dated 10.01.2026 registered under Sections 103 , 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Ajnala, District Amritsar Rural.

2. Brief facts of the present case are that the petitioner along with other co-accused, had murdered Kashmir Kaur (daughter of the complainant). Hence, the present FIR.

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case and she has no concern with the death of Kashmir Kaur. He further argued that the petitioner has been falsely roped in the present case only because of the reason that she is the mother-in-law of the deceased. He argued that Kashmir Kaur died a natural death on 27.12.2025 and there is no material on record to suggest any homicidal death. He submitted that the essential ingredients of offences alleged are completely missing and the FIR has been registered merely on conjectures and surmises. He argued that as per the prosecution, the petitioner along with co-accused after murdering the deceased, had disposed off her body without informing the family of the complainant, which is totally false and frivolous. He argued that the petitioner and other co- accused has duly informed the complainant family about the demise of Kashmir Kaur. He submitted that the petitioner along with co-accused, being the in-laws, performed the last rites and all religious ceremonies of the deceased openly in the village in the presence of the villagers. Moreover, the petitioner has clean antecedents as she is not involved in any other case. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency.

4. After registration of the FIR, investigation has been initiated and is under way. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Sessions Judge, Amritsar, vide order dated 07.03.2026.

5. On the other hand, learned State counsel has already filed the status report in the matter, which is taken on record and while referring to the same, he has opposed the prayer for grant of anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. He argued that the petitioner was specifically named in the FIR. He further argued that the petitioner along with other co-accused had murdered Kashmir Kaur and thereafter, cremated her dead body and dispose the ashes in Ravi River and as such, actively participated in the crime. He further argued that the investigation is at crucial stage and custodial interrogation of the petitioner is required to unearth the modus operandi as well as to take the investigation to its logical end. Hence, he prays for dismissal of the petition.

6. Heard.

7. In the present case, the allegations against the petitioner are serious in nature and she is specifically named in the FIR and the petitioner along with other co-accused committed the murder of the deceased and thereafter, cremated her dead body without informing her parents. The custodial interrogation of the petitioner is required to unearth the modus operandi as well as to take the investigation to its logical end, which so far indicates involvement of the petitioner in the alleged crime. This Court is sanguine of the fact that while considering the petition