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2026 Supreme(Online)(P&H) 77470

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manisha Batra, J
NACHHTTAR KAUR – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent
CRM-M-22478-2026



Advocates:
For the Appellants/Petitioners: Prince Sharma
For the Respondents: Roshandeep Singh, Gurbinder Kaur Randhawa

Anticipatory bail is an extraordinary remedy to be exercised sparingly, particularly when the accused is alleged to have caused grievous injuries and custodial interrogation is essential to ensure a thorough investigation and avoid gaps in the evidence.

Headnote:The petitioner sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to an FIR registered under Sections 333, 115(2), 351(2), 191(3), 190, and 117(2) of the Bharatiya Nyaya Sanhita, 2023. The case involves allegations that the petitioner, as part of an unlawful assembly, assaulted the complainant and another individual over a property dispute, resulting in "03 grievous injuries" including "fractures in the mandibular region." The court found that the nature of the injuries was serious and required custodial interrogation for a thorough investigation. The primary issue was whether the petitioner was entitled to the extraordinary remedy of anticipatory bail given the gravity of the accusations. The court reasoned that "the powers of anticipatory bail are extra ordinary and the same are to be exercised sparingly in exceptional circumstances" and that denying custodial interrogation would "leave many glaring loopholes and gaps, thereby adversely effecting the investigation." Accordingly, the same is dismissed.

Table of Content
1. procedural history and factual background of the assault and property dispute. (Para 1 , 2 , 3 , 4)
2. competing arguments regarding the necessity of custodial interrogation versus the claim of false implication. (Para 5 , 6)
3. the necessity of custodial interrogation in cases involving grievous injuries and the restrictive nature of anticipatory bail. (Para 7 , 8)

****

MANISHA BATRA, J. (ORAL)

CRM-20552-2026

1. Prayer in this application is made by the applicant-respondent No.2 for permitting her to place certain documents on record.

2. The application is allowed subject to all just exceptions and the documents are ordered to be placed on record as Annexure C1 to C9 respectively.

CRM-M-22478-2026

1. The instant petition has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) seeking grant of anticipatory bail in case arising out of FIR No.114 dated 01.03.2026 registered under Sections 333 , 115(2), 351(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) at Police Station Goindwal Sahib, Tehsil Goindwal Sahib, District Tarn Taran. On oral request of learned counsel for the petitioner, Section 117(2) has been added in the headnote as well as prayer of the petition.

2. The aforementioned FIR was registered on the basis of statement got recorded by the complainant Parwinder Kaur alleging that on the night of 01.12.2025, she was present in her house. Ramandeep mason who was engaged for doing construction work was also present, when the accused Baljinder Singh, Balwinder Singh, who were her brothers alongwith petitioner and Balwinder Kaur, who are her sister-in-laws accompanied by Juvraj Singh entered inside her house by climbing over the wall of the house. They immediately started assaulting Ramandeep and herself. They were armed with weapons. Balwinder Kaur caught hold of her arms whereas the petitioner threw her on the ground. She was kicked on her face and abdomen and Ramandeep was brutally assaulted. On clamour being raised, the assailants fled away. The cause of grudge was that her father had constructed a separate house for her and her brothers were demanding a share in the same and after the death of her father, they were forcibly trying to take possession of the same. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending her arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of Learned Additional Sessions Judge, Tarn Taran vide order dated 16.03.2026.

3. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. No specific role has been attributed to her. It is not the prosecution version that she was armed with any weapon. There is delay of 03 months in lodging of the FIR, which has not been satisfactorily explained. She is ready to join investigation. Her custodial interrogation is not required. No recovery is to be effected from her. It is, therefore, argued that she deserves to be released on bail and the petition deserves to be allowed.

4. Per contra, learned State counsel assisted by learned counsel for the respondent No.2 has vehemently argued that the allegations against the petitioner are serious in nature as by forming membership of an unlawful assembly with the co-accused, she had voluntarily caused simple as well as grievous injuries on the person of the victim-complainant on the night of fateful day. She had sustained grievous injuries. Office under Section 117(2) of BNS has been added in this case. The powers for grant of anticipatory bail are to be exercised by the Court in exceptional and sparingly circumstances whereas keeping in view the nature of the injuries as sustained by the victim, these powers do not deserve to be exercised. It is, therefore, argued that the petition does not deserve to be allowed.

5. This Court has heard the rival submissions made by l

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