IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

220 CRM-M-49167-2025 Date of Decision : 13.11.2025 BALJIT KAUR ...Petitioner VERSUS STATE OF PUNJAB AND ANOTHER ...Respondents CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Ms. Rajinder Kaur, Advocate Mr. Gagandeep Singh, Advocate for the petitioner.

Mr. Gautam Thapar, Sr. DAG, Punjab.

****

AARADHNA SAWHNEY, J. (ORAL)

1. This petition for grant of anticipatory bail has been filed by petitioner, a co-accused in case bearing FIR No.175 dated 21.08.2024, registered against him at Police Station City-I Abohar, District Fazilka, u/s 306, 34 of IPC.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

Criminal proceedings in the present case were initiated on the basis of statement of Smt. Beant Kaur, wife of Krishan Singh, resident of Street No.03, Karm Nagar Seed Farm, Abohar, who pointed therein that her husband had died about 06 years ago. She has 03 children. Her elder daughter – Mandeep Kaur, is aged about 25 years, younger to her daughter, is her son - Komalpreet Singh, aged about 22 years and youngest of all is Tejinder Singh @ Rohan @ Datdhi, aged about 20 years, who had studied till 10 t h and was a labourer. The boy was suffering from fever for the last few days. The doctor, whom they consulted, diagnosed that the boy was suffering from ‘Kala Peliya’. Requisite medicines were being administered to the boy but he used to remain upset. Few days ago, Tejinder Singh had gone to Rajasthan to collect cotton and returned back in the evening on 19.10.2023 as he needed woolen clothes. He also disclosed to her (c) that he would go back to Rajasthan on the following morning. On 20.10.2023, Mandeep Kaur (elder daughter of complainant) was visiting her from Chandigarh. The girl also wanted to collect her woolen clothes and when she entered the room, she saw Tejinder hanging from the ceiling fan. The boy had committed suicide. Relatives were called. Body was kept in mortuary at Civil Hospital, Abohar. Complaint further pointed out that her son was suffering from ‘Black Jaundice’ and that no one is responsible for his death. Thus, no action be initiated against any person. The said statement of complainant was recorded on 21.10.2023. Inquest proceedings were conducted. Postmortem examination was also got conducted. In the Viscera report received from chemical examiner, Kharar, no poison was detected. During the course of investigation, a ‘Suicide Note’ left by deceased was also sent to FSL, Mohali for analysis. After receipt of the report on 19.08.2024, a formal case vide FIR No.175 dated 21.08.2024, under Section 304, 34 of IPC was registered against the present petitioner and her husband and criminal proceedings were set into motion.

3. Apprehending her arrest, Petitioner had moved an application for grant of pre-arrest bail, before the learned Additional Sessions Judge, Fazilka. The same was dismissed, in terms of order dated 11.08.2025. Aggrieved of the said order, the present petition has been filed.

4. Learned counsel submits that petitioner has been falsely implicated in the present case. Falsity of the case set up by prosecution is apparent from the fact that there has been unexplained delay of about 10 months in lodging the FIR. Continuing further, learned counsel submits that deceased died on 20.10.2023 on account of his ill health. At that point in time, the complainant (mother of the deceased) who was aware of all the facts did not hold anyone responsible for her son’s death. Learned counsel next submits that after a period of about 10 months, petitioner was arrayed as accused on the basis of a ‘Suicide Note’ written by the deceased, in which he (deceased) had levelled vague allegations against the petitioner and her husband. Continuing further learned counsel contends that a bare perusal of the said note reveals that the deceased was addicted to intoxicants. Precisely for the said reason his mother had taken him to her parental house. The boy