KAVITA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sec. 482 of BNSSS, 2023 in FIR No.374 dtd. 5/8/2025 registered for offences punishable under Secctions 115(2), 117(2), 126(2), 303(2), 351(3) and 3(5) of BNNS, 2023 at Police Station Zirakpur, SAS Naggar, Mohali, Punjab.

(2.) The gravamen of the FIR reflects that on 16/7/2025, the complainaant namely Veerpal Kaur, wife of Gurjit Singh, residents of AKS Home Weelfare Society, Zirakpur, alleged that she went to her parental home in village Bebal Khurd, District Faridkoot, due to death of her father and returned on 27/7/2025. The next day i.e. 28/7/2025, around 03:00 PM, while the husband of the complainant was away at the bank for work and the complainant was alone at home. At that time, her neighbours namely Piya Singh and Sonia Singh (petitioner heerein), started shouting and abusiing the complainant in filthy language. Whhen the complainant came outside, both of thhe aforesaid accused threatened to kill her if she did not vacate the house. The aforesaid accused also issueed threats that they would call the goons to beat the complainant and her hussband. When the complainant tried to stop them, accused Piya Singh brought a stick from his house and hit her. The compplainant tried to protect herself with her left arm but the stick hit her arm, then her left leg, and finally her back. The complainant fell down after whicch accused Piya Singh grabbed her by the hair and accused Sonia Singh (peetitioner herein) kicked her in thhe stomach. Accused Sonia Sinngh also triedd to strangulate the complainant while accused Piya Sinngh continued to drag the complainant by the hair. When the complainant raissed the alarm and some of the neighbours gathered on the spot, the accused ran away. Thhereafter, the complainant became unconscious and was admitted to the Civvil Hospital, Dhakoli by her hussband for treatment. Based on this set of alleegations, the instant FIR came to be registered and investigation ensued.

(3.) Learned counsel for the pettitioner has iterated that the present FIR is a gross abuse of the process of laaw and has been lodged with mala fide intenttion only to harass the petitioner and her sister, namely Piya Singh. Learned counsel has further iterated thaat prior to the registration of the present FIR, the sister of the petitioner, naamely Piya Singh, had already filed multiple complaints before the conncerned authorities against the complainaant and her husband alleging theeir involvement in illegal activitties being carried out from their residential fllat, which is adjacent to that of the petitioner. According to learned counsel, despite repeated written complaintts by the petitioner, no action was taken by the Police. Instead a false and fabricated FIR was registered after an unexplained delay of 09 days only to shield the complainant and falsely implicated the petitioner and her sister. It has been further submittedd that the petitioner suffers from psychiatriic illness and has been under treaatment as evidenced by the medical documentts annexed as Annexure P-2 andd P-3. Learned counsel has further iterated thhat the allegations against the petitioner are vague, baseless and appear to be motivated by malice. Learned counsel has further submitted that despiite there being no direct or indireect involvement of the petitionerr in the alleged occurrence, he has been ropedd into the present case without any credible evidence. Learned counsel has further submitted that there is no need for custodial interrogation of the petitioner as nothing incriminating remains to be recovered from her. Moreover, there is no likelihood of the petitioner absconding from the process of justice or tampering with the prosecutioon evidence in case she is enlargged on pre-arrest bail. On strength of these submissions, the grant of anticipaatory bail is entreated for.