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2025 Supreme(Online)(P&H) 23934

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

208 Date of decision: 22.12.2025 BALJIT KAUR PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. K.P.S. Dhaliwal, Advocate for Mr. Gaurav Datta, Advocate for the petitioner.

Mr. Hardeep Singh Wadhwa, DAG Punjab.

***

Shalini Singh Nagpal, J. (Oral)

1. Petitioner seeks anticipatory bail in case vide FIR No.65 dated 22.06.2025 under Sections 108, 3(5) of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station Sarai Amanat Khan, District Tarn Taran, Punjab. This is the first petition for anticipatory bail.

2. On 06.11.2025, following order was passed:- “Petitioner seeks anticipatory bail in case arising out of FIR No.65 dated 22.06.2025 under Sections 108, 3(5) Bharatiya Nyaya Sanhita, 2023, Police Station Sarai Amanat Khan District Tarn Taran. This is the first petition for anticipatory bail.

Complainant alleged that her daughter Sanjana @ Love, who was 20 years old, was married with Jugraj Singh son of Sarabjit Singh in the year 2023. Sanjana had no child, on account of which she remained under stress. At about 08.00 AM that day, she received a telephonic call from Kuldip Singh, younger brother of Jugraj Singh, informing that Sanjana had committed suicide by hanging herself with a fan. She and her nephew reached village Peerawala, District Ferozepur and saw the dead body of Sanjany @ Love lying on a cot. She suspected that her daughter had committed suicide due to harassment by her husband Jugraj Singh, brother-in-law Kuldeep Singh and mother-in-law Baljit Kaur.

Learned counsel for the petitioner submits that petitioner was mother-in-law of the deceased and a bare reading of the FIR would reveal that there were no specific allegation against her. He relies upon judgments of Hon'ble Supreme Court in Amalendu Pal Vs. State of West Bangal 2010(1) RCR(Criminal) 643 and Randhir Singh and Others Vs. State of Punjab 2004(3) ACR 2912 (SC) to submit that merely on the allegations of harassment of deceased without any positive action proximate to the time of occurrence on part of the petitioner which led or compelled the deceased to commit suicide, no offence under Section 306 IPC was made out. He further submits that the deceased remained under depression on account of abortion suffered by her in the parental home on 30.03.2025 and committed suicide on that account. There was a reference to that circumstance in the FIR as well. It is argued that there was no allegation of harassment for dowry and no complaint against the petitioner or any other family member regarding the alleged harassment meted out to the deceased. He further submits that mere harassment, did not amount to instigation or abetment to commit suicide and ingredients of the offence under Section 306 IPC were not made out. Further, that petitioner was ready and willing to join investigation.

Notice of motion.

Mr. Kunwarbir Singh, AAG Punjab, who is present in the Court accepts notice on behalf of respondent-State and seeks some time to file the status report.

In the meantime, in the event of arrest, the petitioner shall be released on interim anticipatory bail subject to her furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. Petitioner shall join investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Status report in the matter be filed on 27.11.2025.”

3. Learned State counsel, on instructions from ASI Nirmal Singh, concedes that petitioner had joined investigation and further custodial interrogation of the petitioner is not required.

4. Considering the entire facts and circumstances of the case, as enumerated above, but without commenting on merits, order dated 06.11.2025 granting interim anticipatory bail to the petitioner is made absolute, subject to conditions laid down in Section 482(2) Bhartiya Nagarik Suraksha San

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