IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

219 CRM-M-38453-2025 (O & M)

Date of decision : 12.02.2026 Date of uploading : 12.02.2026 AMMI @ MEEN ………….PETITIONER Versus STATE OF PUNJAB …….RESPONDENT CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Khushbir Kaur, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG, Punjab.

Mr. S.S. Randhawa, Advocate for the complainant.

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.04 dated 04.01.2025 under Sections 103(1)/3(5) of BNS and Section 238 was added later on, registered at Police Station Goindwal Sahib, District Tarn Taran.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

“Statement of Masoom Ali, son of Nawab Din, son of Chirag Din, resident of Bhinder Kala, police station Khalchia, district Amritsar, age 37 years, mobile number 98784-59225, stated that I am a resident of the above address and work as a laborer. We are 06 brothers and 03 sisters and all of us are simple people and along with our family we live in different places by making camps and earn our living by keeping buffaloes and selling buffalo milk. Our eldest brother Sadiq, who was about 42 years old, along with his family, lives in a camp near village Miani, police station Goindwal Sahib and along with them other people also live there. All of them earn their living by selling buffalo milk. On the middle of the night of 03.01.2025, Sadiq and his wife started arguing and quarreling over something. As the quarrel escalated, Sadiq's wife Meena called her brother other Ammi and Shahdeen both sons of Kalu r/o Miyani and told them that my husband is quarreling with me and beating me. You reach the place. After a while, Ammi and Shahdeen came to the place. As soon as they arrived, they started beating him. My brother's daughter Neefa called me and told me that my father is being beaten up by my maternal uncles. At that time, I had come to Goindwal Sahib for some personal work and after a while I reached the place and saw that Ammi s/o Kalu was holding a brick in his right hand. He was throwing my brother Sadiq on the ground and hitting him with the brick on his cheek. Shahdeen, who had a scar in his hand, was holding my brother's leg. He was beating him and Sadiq's wife was also holding him by the legs and seeing me coming, all the accused along with their weapons along with 4/5 other unknown persons all ran away from the spot. When I went to my brother, and saw that he has died. The night was very dark and cold and foggy, so I did not come to the police station to inform you.”

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 07.01.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that, assuming arguendo, the prosecution version is taken to be correct, the case would not invoke culpability under Section 103 of BNS (erstwhile Section 302 IPC) but only under Section 105 of the BNS (erstwhile Section 304 of IPC). Learned counsel has further iterated that the petitioner has suffered incarceration for more than one year. Learned counsel has further submitted that the prime prosecution witnesses are not coming forward to have their testimonies recorded despite bailable warrants having been issued against them, which is clear from the perusal of orders dated 19.09.2025, 26.09.2025, and 16.10.2025 passed by the trial Court. Learned counsel for the petitioner has further submitted that the petitioner is a man with clean antecedents. Thus, regular bail is prayed for.

4. Learned State counsel has filed reply/status report dated 15.09.2025, which is taken on record. Raising submissions in tandem with the said reply, learned State counsel has opposed the present petition by