IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

215 Date of decision: 22.12.2025 BALWINDER KAUR PETITIONER VERSUS STATE OF PUNJAB AND ANOTHER RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Sukhbir Maandi, Advocate for the petitioner.

Mr. Hardeep Singh Wadhwa, DAG Punjab.

Mr. Balbir Singh Jaswal, Advocate for respondent No.2.

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Shalini Singh Nagpal, J. (Oral)

1. Petitioner seeks anticipatory bail in case vide FIR No.96 dated 08.08.2025 under Sections 316(2), 85 of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station Mehta, District Amritsar (Rural). Section 238 BNS has been added in the FIR during investigation. This is the first petition for anticipatory bail.

2. On 04.12.2025 following order was passed. :- “Petitioner seeks anticipatory bail in FIR No. 96 dated

08.08.2025 under Sections 316(2), 85 Bharatiya Nyaya Sanhita, 2023, Police Station Mehta, District Amritsar (Rural). Section 238 BNS was added in the FIR during investigation. This is the first petition for anticipatory bail.

Learned counsel for the petitioner submits that petitioner was mother-in-law of the complainant. The FIR was registered against all family members who were found innocent during investigation, only the petitioner and her son were booked by the police. He further submits that allegation against the petitioner, of conspiring with co-

accused to give poison to the complainant were vague and general in nature. There was no medical evidence to prove that any poison was ever administered to the complainant. He further submits that the disputes between the complainant and son of the petitioner started one month after the marriage as complainant suspected that he had solemnized second marriage and this was the main reason for the discord. It is urged that petitioner, whose antecedents were clean, was ready and willing to join investigation.

Notice of Motion.

Mr. Kunwarbir Singh, AAG Punjab, accepts notice on behalf of Respondent No.1-State and seeks time to file status report.

Petitioner is directed to appear before the Investigating/Arresting Officer and join investigation within one week or as and when required. In the event of her arrest, the Investigating/Arresting Officer shall release the petitioner on interim anticipatory bail on furnishing personal/surety bonds to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Adjourned to 22.12.2025 for filing status report by State.”

3. Status report by way of affidavit of Mr. Ravinder Singh, P.P.S., Deputy Superintendent of Police, Sub-division Jandiala, Amritsar (Rural) on behalf of respondent No.1-State has been filed. The same is made part of the record. Mr. Balbir Singh Jaswal appears on behalf of respondent No.2 and files power of attorney, which is taken on record. Learned State counsel concedes that petitioner had joined investigation but opposes the prayer for anticipatory bail arguing that no recovery has been effected.

4. Benefit of anticipatory bail cannot be declined merely on the ground that recovery of dowry articles has not been effected. Whether or not the articles were indeed entrusted to the petitioner would be a matter of evidence, to be led during the trial. Considering the entire facts and circumstances of the case, as enumerated above, but without commenting on merits, order dated 04.12.2025, granting interim anticipatory bail to the petitioner is made absolute, subject to conditions laid down in Section

482(2) Bhartiya Nagarik Suraksha Sanhita, 2023.

5. All the pending miscellaneous applications, if any, stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE

22.12.2025

HS.CHAUHAN