Judgment · High Court · 2026

Judgment

#1. Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail seeking grant of anticipatory/pre under Section 482 of BNSS, arrest bail under Section 482 of BNSS, 2023 in

FIR No.122 dated 18.11.2025, registered for the offences FIR No.122 dated 18.11.2025, registered for the offences FIR No.122 dated 18.11.2025, registered for the offences punishable under Sections 103, 109, 324(4), 190, 191(3), 351, 61 of BNS punishable under Sections 103, 109, 324(4), 190, 191(3), 351, 61 of BNS punishable under Sections 103, 109, 324(4), 190, 191(3), 351, 61 of BNS punishable under Sections 103, 109, 324(4), 190, 191(3), 351, 61 of BNS and Sections 25, 27, 54 and 59 of the Arms Act, 1959 at Police Station City and Sections 25, 27, 54 and 59 of the Arms Act, 1959 at Police Station City and Sections 25, 27, 54 and 59 of the Arms Act, 1959 at Police Station City and Sections 25, 27, 54 and 59 of the Arms Act, 1959 at Police Station City Banga, District SBS Sagar. Banga, District

#2. The prosecution case, as set- , is that -out in the petition in hand, is that on 17.11.2025, the complainant namely on 17.11.2025, the complainant Babbu namely Pawandeep Singh alias Babbu Maan was present at his shop. At about 03:00 PM, Maan was present at his shop namely . At about 03:00 PM, his brother namely going towards Harpreet Singh alias Honey Bal along with his associates was going towards Harpreet Singh alias Honey Bal along with his associates was Harpreet Singh alias Honey Bal along with his associates was It has been further alleged by the complainant Phagwara in his Scorpio car. It has been further alleged by the complainant It has been further alleged by the complainant Phagwara in his that his brother Harpreet Singh honey was driving the car and when they that his brother Harpreet Singh honey was driving the car and when they that his brother Harpreet Singh honey was driving the car and when they that his brother Harpreet Singh honey was driving the car and when they reached near Ritha Ram School, some persons reached near travelling in an i- persons who were travelling in an i 20 car allegedly opened fire on his brother and i 20 car allegedly opened on his brother and in an attempt to escape, brother drove the car towards Banga Bus Stand area brother drove the car towards wing to heavy traffic, Banga Bus Stand area. Owing to heavy traffic, thereafter, the car of his brother got struck in traffic jam and the assailants, thereafter the car of his brother got struck in traffic jam and the the car of his brother got struck in traffic jam and the CRM-M- -13907-2026 2 intercepted the vehicle and indiscriminately fired gunshots at its occupants. intercepted the vehicle and indiscriminately fired gunshots at its occupants. intercepted the vehicle and indiscriminately fired gunshots at its occupants. intercepted the vehicle and indiscriminately fired gunshots at its occupants. As a consequence of the firing, multiple persons sustained firearm injuries As a consequence of the firing, multiple persons sustained firearm injuries As a consequence of the firing, multiple persons sustained firearm injuries As a consequence of the firing, multiple persons sustained firearm injuries and two persons i.e., and Harpreet Singh alias Honey Bal two persons i.e., Rimplejit Singh and Harpreet Singh alias Honey Bal and Harpreet Singh alias Honey Bal (brother of FIR-complainant) succumbed to the (brother of The FIR was succumbed to their injuries. The FIR was initially registered against Ajay Kumar and certain other accused as the initially registered against Ajay Kumar and certain other accused as the initially registered against Ajay Kumar and certain other accused as the initially registered against Ajay Kumar and certain other accused as the persons who had actively participated in the attack. However, during the persons who had actively participated in the attack. However, d persons who had actively participated in the attack. However, d course of investigation, statements of the complaina course of nt and injured witnesses investigation, statements of the complainant and injured witnesses surfaced that prior to the occurrence there had been were recorded and it has surfaced that prior to the occurrence there had been surfaced that prior to the occurrence there had been were recorded an altercation between Sahil Bholu and the accused side on 15.11.2025. It an altercation between Sahil Bholu and the accused side on 15.11.2025. an altercation between Sahil Bholu and the accused side on 15.11.2025. an altercation between Sahil Bholu and the accused side on 15.11.2025. has further surfaced that on 17.11.2025, accused Ajay Kumar had convened has further surfaced that on 17.11.2025, accused Ajay Kumar had convened has further surfaced that on 17.11.2025, accused Ajay Kumar had convened has further surfaced that on 17.11.2025, accused Ajay Kumar had convened ing alongwith his associates at Kashmiri Dhaba, Mazari, where a a meeting alongwith his associates at Kashmiri Dhaba, Mazari, where a ing alongwith his associates at Kashmiri Dhaba, Mazari, where a ing alongwith his associates at Kashmiri Dhaba, Mazari, where a conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal conspiracy was allegedly hatched to attack Harpreet Singh alias Honey Bal contact with and Sahil Bholu. As per the prosecution, the petitioner was in contact with and Sahil Bholu. As per the prosecution, and Sahil Bholu. As per the prosecution, Gurdeep members of the gang allegedly being run by her son namely Gurdeep members of the gang allegedly being ru the members of the gang allegedly being ru in furtherance of their common intention and conspiracy, Singh who, in furtherance of their common intention and conspiracy, in furtherance of their common intention and conspiracy, Singh who, committed firing upon the brother of the complainant and other persons. committed firing upon the brother of the complainant and other persons. committed firing upon the brother of the complainant and other persons. On the basis of such material, the petitioner came to be nominated as an the basis of such material, the petitioner came to be nominated as an the basis of such material, the petitioner came to be nominated as an the basis of such material, the petitioner came to be nominated as an accused in the present case. accused in the

#3. Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the Learned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated in petitioner is innocent and the FIR in question. has been falsely implicated in the FIR in question. Learned counsel has further iterated that the petitioner has not been named Learned counsel has further iterated that the petitioner has not been named Learned counsel has further iterated that the petitioner has not been named Learned counsel has further iterated that the petitioner has not been named ct has been attributed to her in the entire in the FIR and no overt act has been attributed to her in the entire ct has been attributed to her in the entire in the FIR and no overt a occurrence. Learned counsel has emphasized that the petitioner is a lady occurrence. Learned counsel has emphasized that the petitioner is a lady occurrence. Learned counsel has emphasized that the petitioner is a lady occurrence. Learned counsel has emphasized that the petitioner is a lady aged 61-year old having no criminal antecedents and is not connected with year-old having no criminal antecedents and is not connected with old having no criminal antecedents and is not connected with ded that the incident in any manner whatsoever. It has been further contended that the incident in any manner whatsoever. It has been further conten the incident in any manner whatsoever. It has been further conten her nomination is solely on the basis of subsequent statement of the her nomination is solely on the basis of subsequent statement of the her nomination is solely on the basis of subsequent statement of the her nomination is solely on the basis of subsequent statement of the CRM-M- -13907-2026 3 complainant which is neither corroborated by any independent material nor complainant which is neither corroborated by any independent material nor complainant which is neither corroborated by any independent material nor complainant which is neither corroborated by any independent material nor supported by any tangible evidence. It has been further contended that there supported by any tangible evidence. It has been further contended that there supported by any tangible evidence. It has been further contended that there supported by any tangible evidence. It has been further contended that there etitioner was present at the place of occurrence, no is no allegation that the petitioner was present at the place of occurrence, no etitioner was present at the place of occurrence, no is no allegation that the p recovery is to be effected from her and no material has been produced to recovery is to be effected from her and no material has been produced to recovery is to be effected from her and no material has been produced to recovery is to be effected from her and no material has been produced to establish any active participation on her part in the alleged crime. According establish any active participation on her part in the alleged crime. According establish any active participation on her part in the alleged crime. According establish any active participation on her part in the alleged crime. According ted merely because she is to learned counsel, the petitioner has been implicated merely because she is to learned counsel, the petitioner has been implica to learned counsel, the petitioner has been implica the mother of accused Gurdeep Singh and the prosecution seeks to exert the mother of accused Gurdeep Singh and the prosecution seeks to exert the mother of accused Gurdeep Singh and the prosecution seeks to exert the mother of accused Gurdeep Singh and the prosecution seeks to exert pressure upon her son by her arrest. Furthermore, there is no need for pressure upon her son by her arrest. Furthermore, there is no need for pressure upon her son by her arrest. Furthermore, there is no need for pressure upon her son by her arrest. Furthermore, there is no need for custodial interrogation of the petitioner as nothing incriminating remains to custodial interrogation of the petitioner as nothing incriminating remains to custodial interrogation of the petitioner as nothing incriminating remains to custodial interrogation of the petitioner as nothing incriminating remains to ed from her and all the material facts are already on record. be recovered from her and all the material facts are already on record. ed from her and all the material facts are already on record. be recover Learned counsel has further asserted that the petitioner is willing to join Learned counsel has further asserted that the petitioner is willing to join Learned counsel has further asserted that the petitioner is willing to join Learned counsel has further asserted that the petitioner is willing to join , shall not tamper with evidence or investigation as and when required, shall not tamper with evidence or , shall not tamper with evidence or investigation as and when require influence any witness, and shall abide by all t influence any witness he conditions imposed in case and shall abide by all the conditions imposed in case arrest bail. Moreover, the petitioner is a permanent she is enlarged on pre-arrest bail. Moreover, the petitioner is a permanent arrest bail. Moreover, the petitioner is a permanent she is enlarged on pre related ailments and undertakes resident of her village; suffering from age-related ailments and undertakes resident of her village; suffering from age resident of her village; suffering from age to join investigation as and when required. On the strength of these to join investigation as and when required. On the strength of these to join investigation as and when required. On the strength of these to join investigation as and when required. On the strength of these issions, the grant of anticipatory bail is entreated for. submissions, the grant of anticipatory bail is entreated for. issions, the grant of anticipatory bail is entreated for.

#4. Per contra, learned State counsel has opposed the grant of , learned State counsel has opposed the grant of anticipatory bail to the petitioner by arguing that the allegations against her anticipatory bail to the petitioner by arguing that the allegations against her anticipatory bail to the petitioner by arguing that the allegations against her anticipatory bail to the petitioner by arguing that the allegations against her Referring to the status report dated 25.04.2026 by way are serious in nature. Referring to the status report dated 25.04.2026 by way Referring to the status report dated 25.04.2026 by way are serious in nature of an affidavit of Harjit Singh, PPS, Deputy Superintendent of Police, Sub of an affidavit of Harjit Singh, PPS, Deputy Superintendent of Police, Sub of an affidavit of Harjit Singh, PPS, Deputy Superintendent of Police, Sub of an affidavit of Harjit Singh, PPS, Deputy Superintendent of Police, Sub Division Banga, District SBS Nagar, learned State counsel has iterated that Division Banga, District SBS Nagar, learned State counsel has iterated that Division Banga, District SBS Nagar, learned State counsel has iterated that Division Banga, District SBS Nagar, learned State counsel has iterated that during the course of the course of investigation the role of the petitioner has surfaced investigation the role of the petitioner has surfaced through through through the statements of material witnesses, which disclose her the statements of material witnesses, which disclose the statements of material witnesses, which disclose involvement in the criminal conspiracy allegedly hatched against the involvement in the criminal conspiracy allegedly hatched against the involvement in the criminal conspiracy allegedly hatched against the involvement in the criminal conspiracy allegedly hatched against the The relevant part of the status report reads thus: complainant party. The relevant part of the status report reads thus: complainant party. CRM-M- -13907-2026 4 “ROLE OF PETITIONER:

#7. That the deponent humbly submits that the petitioner has been That the deponent humbly submits that the petitioner has been That the deponent humbly submits that the petitioner has been specifically named in the supplementary statement of the complainant as specifically named in the supplementary statement of the complainant as specifically named in the supplementary statement of the complainant as well as in the statement of the other injured persons. During the course of well as in the statement of the other injured persons. During the course of well as in the statement of the other injured persons. During the course of etitioner is actively involved investigation, it has been revealed that the petitioner is actively involved investigation, it has been revealed that the p in operating the group headed by her son, namely Gurdeep Singh @ in operating the group headed by her son, namely Gurdeep Singh @ in operating the group headed by her son, namely Gurdeep Singh @ Deepa. It is further submitted that FIR No. 35 dated 04.03.2024, under Deepa. It is further submitted that FIR No. 35 dated 04.03.2024, under Deepa. It is further submitted that FIR No. 35 dated 04.03.2024, under B, 34 of IPC, & Section 25(6), 27 of Arms Act Section 307, 506, 120-B, 34 of IPC, & Section 25(6), 27 of Arms Act B, 34 of IPC, & Section 25(6), 27 of Arms Act against the petitioner at Police Station already stands registered against the petitioner at Police Station against the petitioner at Police Station Mahilpur, and during the investigation of the said case also, it was Mahilpur, and during the investigation of the said case also, it was Mahilpur, and during the investigation of the said case also, it was revealed that the petitioner was in contact with the members of the said revealed that the petitioner was in contact with the members of the said revealed that the petitioner was in contact with the members of the said group and was managing and operating the same in connivance with group and was managing and operating the same in connivance with group and was managing and operating the same in connivance with er members. It has further come on record that the petitioner used to other members. It has further come on record that the petitioner used to er members. It has further come on record that the petitioner used to manage the ransom amount illegally collected by the group members and manage the ransom amount illegally collected by the group members and manage the ransom amount illegally collected by the group members and distribute the same as per the directions of her son namely Gurdeep Singh distribute the same as per the directions of her son namely Gurdeep Singh distribute the same as per the directions of her son namely Gurdeep Singh present case. Translated copy @ Deepa, who is one of the accused in the present case. Translated copy @ Deepa, who is one of the accused in the of supplementary statement of the complainant is annexed herewith as of supplementary statement of the complainant is annexed herewith as of supplementary statement of the complainant is annexed herewith as Annexure R1/T. CRIMINAL ANTECEDENTS OF PETITIONER: CRIMINAL ANTECEDENTS OF PETITIONER:

#8. That the deponent humbly submits from the verification of record of the 8. That the deponent humbly submits from the verification of record of the 8. That the deponent humbly submits from the verification of record of the led that apart from the present FIR No. 122 petitioner, it has been revealed that apart from the present FIR No. 122 led that apart from the present FIR No. 122 (supra), the petitioner is also found to be involved in following other (supra), the petitioner is also found to be involved in following other (supra), the petitioner is also found to be involved in following other criminal case: Sr. No. Detail of the case/FIR Status of the case/FIR Status of the case/FIR

#1. FIR No. 35 dated 04.03.2024, under FIR No. 35 dated 04.03.2024, under Section 307, 506, 120- - B, 34 of IPC, & Section 25(6), 27 of Arms Act, PS & Section 25(6), 27 of Arms Act, PS Mahilpur, District Hoshiarpur. Mahilpur, District Hoshiarpur. Trial is going on Raising submission in tandem with the aforesaid reply, learned Raising submission in tandem with the aforesaid reply, learned Raising submission in tandem with the aforesaid reply, learned n view of the seriousness of the offence, State counsel has submitted that in view of the seriousness of the offence, n view of the seriousness of the offence, State counsel has submitted that i there is a strong likelihood that if released on bail, the petitioner may there is a strong likelihood that if released on bail, the petitioner may there is a strong likelihood that if released on bail, the petitioner may there is a strong likelihood that if released on bail, the petitioner may In view of the nature of influence or intimidate the prosecution witnesses. In view of the nature of influence or intimidate the prosecution witnesses. influence or intimidate the prosecution witnesses. al learned State the allegations, the gravity of the offence and the stage of trial learned State the allegations, the gravity of the offence and the stage of tri the allegations, the gravity of the offence and the stage of tri counsel prays for the dismissal of the instant petition. counsel prays for the dismissal of the instant petition. CRM-M- -13907-2026 5

#5. I have heard learned counsel for the rival parties and have I have heard learned counsel for the rival parties and have I have heard learned counsel for the rival parties and have perused the available record. perused the available record.

#6. As per the case put forth in the FIR in question and the material As per the case put forth in the FIR in question and the material As per the case put forth in the FIR in question and the material ation, indubitably, the petitioner was collected during the course of investigation, indubitably, the petitioner was ation, indubitably, the petitioner was collected during not named in the FIR and her involvement surfaced subsequently in a not named in the FIR and her involvement surfaced subsequently in a not named in the FIR and her involvement surfaced subsequently in a not named in the FIR and her involvement surfaced subsequently in a supplementary statement. The factual matrix supplementary statement. , as emerging from The factual matrix of the case, as emerging from the FIR and the material collected during the cours e of investigation, and the material collected during the course of investigation reflects that the occurrence in question is a broad daylight firing incident that the occurrence in question is a broad daylight firing incident occurrence in question is a broad daylight firing incident allegedly executed by a group of armed assailants allegedly executed chased the vehicle of a group of armed assailants who chased the vehicle of the complainant party and opened indiscriminate fire in a public area which the complainant party and opened indiscriminate fire in a public area the complainant party and opened indiscriminate fire in a public area resulted in the death of in the death of two individual and serious firearm injuries to individuals and serious firearm injuries to The nature and manner of the offence, at this stage, reflect a grave others. The nature and manner of the offence, at this stage, reflect a grave The nature and manner of the offence, at this stage, reflect a grave The nature and manner of the offence, at this stage, reflect a grave Though the petitioner was not named in the FIR and heinous crime. Though the petitioner was not named in the FIR and heinous crime mination cannot be brushed aside at this stage question but his subsequent nomination cannot be brushed aside at this stage mination cannot be brushed aside at this stage question but merely on that ground. The material collected during merely on that ground. the course of The material collected during the course of investigation indicates that the petitioner investigation indicates that was in contact with the gang the petitioner was in contact with the gang and was instrumental in maintaining communication amongst members and was instrumental in maintaining communication amongst and was instrumental in maintaining communication amongst members Whether these allegations are ultimately proved or not is a matter of them. Whether these allegations are ultimately proved or not is a matter of Whether these allegations are ultimately proved or not is a matter of Whether these allegations are ultimately proved or not is a matter of this Court is not required trial; however, at the stage of consideration of bail, this Court is not required trial; however, at the stage of consideration of bail, trial; however, at the stage of consideration of bail, to meticulously examine the evidentiary value of such material but only to to meticulously examine the evidentiary value of such material but only to to meticulously examine the evidentiary value of such material but only to to meticulously examine the evidentiary value of such material but only to see whether a prima facie case is made out see whether a warranting custodial case is made out warranting custodial interrogation. The occurrence is alleged to have taken place in a manner interrogation. The occurrence is alleged to have taken place in a manner interrogation. The occurrence is alleged to have taken place in a manner interrogation. The occurrence is alleged to have taken place in a manner which prima facie prima facie indicates concerted action. It is well settled that the indicates concerted action. It is well-settled that the ations seriousness of the offence is to be assessed on the basis of the allegations seriousness of the offence is to be assessed on the basis of the alleg seriousness of the offence is to be assessed on the basis of the alleg and surrounding circumstances and the act done with intention or and surrounding circumstances and the act done with intention or and surrounding circumstances and the act done with intention or and surrounding circumstances and the act done with intention or knowledge to cause death is sufficient. It is settled law that while knowledge to cause death is sufficient. It is settled law that while knowledge to cause death is sufficient. It is settled law that while knowledge to cause death is sufficient. It is settled law that while CRM-M- -13907-2026 6 considering the plea for grant of anticipatory bail, the Court must strike a considering the plea for grant of anticipatory bail, the Court must strike a considering the plea for grant of anticipatory bail, the Court must strike a considering the plea for grant of anticipatory bail, the Court must strike a vidual to liberty and the need for free, balance between the right of the individual to liberty and the need for free, vidual to liberty and the need for free, balance between the right of the indi fair and effective investigation. fair and effective investigation.

#7. The contention that the petitioner is merely the mother of one The contention that the petitioner is merely the mother of one The contention that the petitioner is merely the mother of one of the main accused and has been implicated on that basis alone cannot be main accused and has been implicated on that basis alone cannot be accused and has been implicated on that basis alone cannot be the course of accepted at this stage. The statements recorded during the course of accepted at this stage. The statements recorded during accepted at this stage. The statements recorded during investigation specifically attribute an independent role to the petitioner. investigation specifically attribute an independent role to investigation specifically attribute an independent role to No cause nay nay plausible cause has been shown, at t his stage, from which it can plausible cause has been shown, at this stage, from which it can be deciphered that the petitioner has been falsely implicated into the present be deciphered that the petitioner has been falsely implicated into the present be deciphered that the petitioner has been falsely implicated into the present be deciphered that the petitioner has been falsely implicated into the present Furthermore, the Court below has already declined the plea of the FIR. Furthermore, the Court below has already declined the plea of the Furthermore, the Court below has already declined the plea of the Furthermore, the Court below has already declined the plea of the petitioner after considering the relevant factors, including the allegations petitioner after considering the relevant factors, including the allegations petitioner after considering the relevant factors, including the allegations petitioner after considering the relevant factors, including the allegations It is befitting to mention here that while levelled against the petitioner. It is befitting to mention here that while It is befitting to mention here that while levelled against the petitioner. grant of anticipatory bail, the Court has to equilibrate considering a plea for grant of anticipatory bail, the Court has to equilibrate grant of anticipatory bail, the Court has to equilibrate considering a plea for between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The between safeguarding individual rights and protecting societal interests. The with the magnitude and nature of the offence; the role Court ought to reckon with the magnitude and nature of the offence; the role with the magnitude and nature of the offence; the role Court ought to reckon attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the attributed to the accused; the need for fair and free investigation as also the deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this deeper and wide impact of such alleged iniquities on the society. At this case is not stage, there is no material on record to hold that prima facie case is not stage, there is no material on record to hold stage, there is no material on record to hold made out against the petitioner. The material which has come on record and made out against the petitioner. The material which has come on record and made out against the petitioner. The material which has come on record and made out against the petitioner. The material which has come on record and the prelimi preliminary investigation, appears to establish a reasonable basis for the nary investigation, appears to establish a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the accusations. Thus, it is not appropriate to grant anticipatory bail to th accusations. Thus, it is not appropriate to grant anticipatory bail to th accusations. Thus, it is not appropriate to grant anticipatory bail to th petitioner, as petitioner, as petitioner, as petitioner, as it would necessarily cause it would necessarily cause it would necessarily cause it would necessarily cause impediment impediment impediment impediment in effective in effective in effective in effective