AANCHAL GARG v. STATE OF PUNJAB & ANR STATE OF PUNJAB & ANR
Case Details
CRM-M-29431 29431-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH 293-2 - -1- ate of decision: 17.11.2025 Date of decision: 17.11.2025 CRM CRM-M-29431-2025 ANCHAL GARG @ AANCHAL GARG ANCHAL GARG @ AANCHAL GARG Versus STATE OF PUNJAB & ANR STATE OF PUNJAB & ANR ….Petitioner ….Petitioner ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Dilpreet Singh Gandhi, Advocate for the petitioner. Present:- Mr. Dilpreet Singh Gandhi, Advocate for the petitioner. Mr. Dilpreet Singh Gandhi, Advocate for the petitioner. Mr. Adesh Pal Singh, AAG, Punjab. Mr. Adesh Pal Singh, AAG, Punjab. Mr. Adesh Pal Singh, AAG, Punjab. Mr. Lakhwinder S. Sidhu, Advocate for the complainant. Mr. Lakhwinder S. Sidhu, Advocate for the complainant. Mr. Lakhwinder S. Sidhu, Advocate for the complainant. RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) ***** 1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner FIR No.57 dated 22.04.2025 registered under seeks anticipatory bail in case FIR No.57 dated 22.04.2025 registered under FIR No.57 dated 22.04.2025 registered under seeks anticipatory bail in case 2, Sections 318(4), 316(2) and 61(2) of BNS, 2023 at Police Station City-2, Sections 318(4), 316(2) and 61(2) of BNS, 20 Sections 318(4), 316(2) and 61(2) of BNS, 20 District Mansa. District Mansa 2. On 29.10.2025, following order had been passed: - On 29.10.2025, following order had been passed: On 29.10.2025, following order had been passed: Prayer in the present petition filed under Section 482 of the “Prayer in the present petition filed under Section 482 of the Prayer in the present petition filed under Section 482 of the “ BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in BNSS, 2023 is for grant of anticipatory bail to the petitioner in 025 registered under Sections case FIR No.57 dated 22.04.2025 registered under Sections 025 registered under Sections case FIR No.57 dated 22.04.2 2, 318(4), 316(2) and 61(2) of BNS, 2023 at Police Station City-2, 318(4), 316(2) and 61(2) of BNS, 2023 at Police Station City 318(4), 316(2) and 61(2) of BNS, 2023 at Police Station City District Mansa. District Mansa. Status report filed by learned State counsel is already on Status report filed by learned State counsel is already on Status report filed by learned State counsel is already on record. record. GURPREET 2025.11.20 10:34 I attest to the accuracy and authenticity of this document. CRM-M-29431 29431-2025 - -2- Brief facts, as per the case of the prosecution, are that the Brief facts, as per the case of the prosecution, are that the Brief facts, as per the case of the prosecution, are that the registered due to a matrimonial dispute, alleging FIR was registered due to a matrimonial dispute, alleging registered due to a matrimonial dispute, alleging FIR was misappropriation of 43 tolas of gold by the petitioner along with misappropriation of 43 tolas of gold by the petitioner along with misappropriation of 43 tolas of gold by the petitioner along with misappropriation of 43 tolas of gold by the petitioner along with her father. her father. This Court vide order dated 19.05.2025, while staying the This Court vide order dated 19.05.2025, while staying the This Court vide order dated 19.05.2025, while staying the arrest of the petitioner, referred the matter to the Mediation and arrest of the petitioner, referred the matter to the Mediation and arrest of the petitioner, referred the matter to the Mediation and arrest of the petitioner, referred the matter to the Mediation and ciliation Centre of this Court for exploring the possibility of Conciliation Centre of this Court for exploring the possibility of ciliation Centre of this Court for exploring the possibility of Con an amicable settlement between the parties, which remained an amicable settlement between the parties, which remained an amicable settlement between the parties, which remained an amicable settlement between the parties, which remained unsuccessful. unsuccessful. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. petitioner has been falsely implicated in the present case. petitioner has been falsely implicated in the present case. petitioner has been falsely implicated in the present case. d counsel for the petitioner contends that the petitioner Learned counsel for the petitioner contends that the petitioner d counsel for the petitioner contends that the petitioner Learne has been falsely implicated in the present case. The present is a has been falsely implicated in the present case. The present is a has been falsely implicated in the present case. The present is a has been falsely implicated in the present case. The present is a matrimonial dispute which is being given colour of criminal matrimonial dispute which is being given colour of criminal matrimonial dispute which is being given colour of criminal matrimonial dispute which is being given colour of criminal offence. He further submitted that even if allegations in FIR are offence. He further submitted that even if allegations in FIR are offence. He further submitted that even if allegations in FIR are offence. He further submitted that even if allegations in FIR are taken taken to be to be to be true, true, true, then also then also then also the allegations are of the allegations are of the allegations are of misappropriation of Istridhan of the petitioner, which belongs to misappropriation of Istridhan of the petitioner, which belongs to misappropriation of Istridhan of the petitioner, which belongs to misappropriation of Istridhan of the petitioner, which belongs to her only. To buttress his argument, he takes this Court to her only. To buttress his argument, he takes this Court to her only. To buttress his argument, he takes this Court to her only. To buttress his argument, he takes this Court to Annexure P5, the statement of Sudhir Garg (complainant), Annexure P5, the statement of Sudhir Garg (complainant), Annexure P5, the statement of Sudhir Garg (complainant), Annexure P5, the statement of Sudhir Garg (complainant), tola gold belong to the petitioner. wherein he has stated that 43 tola gold belong to the petitioner. tola gold belong to the petitioner. wherein he has stated that 43 It is further submitted that the present FIR is counterblast of It is further submitted that the present FIR is counterblast of It is further submitted that the present FIR is counterblast of It is further submitted that the present FIR is counterblast of complaint dated 03.03.2025, filed by the petitioner against her complaint dated 03.03.2025, filed by the petitioner against her complaint dated 03.03.2025, filed by the petitioner against her complaint dated 03.03.2025, filed by the petitioner against her laws (complainant’s family). Nothing is to be recovered from in-laws (complainant’s family). Nothing is to be recovered from laws (complainant’s family). Nothing is to be recovered from in nsel has further submitted that the the petitioner. Learned counsel has further submitted that the nsel has further submitted that the the petitioner. Learned cou petitioner is ready and willing to join the investigation as and petitioner is ready and willing to join the investigation as and petitioner is ready and willing to join the investigation as and petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. when called upon to do so by the investigating agency. when called upon to do so by the investigating agency. On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring On the other hand, learned State counsel while referring r for grant of to the status report, has opposed the prayer for grant of to the status report, has opposed the praye to the status report, has opposed the praye anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled anticipatory bail, by submitting that the allegations levelled against the petitioner are serious in nature. against the petitioner are serious in nature. against the petitioner are serious in nature. Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the Learned counsel for the complainant, while opposing the petition for anticipatory bail, has contended that the petitioner in petition for anticipatory bail, has contended that the petitioner in petition for anticipatory bail, has contended that the petitioner in petition for anticipatory bail, has contended that the petitioner in GURPREET 2025.11.20 10:34 I attest to the accuracy and authenticity of this document. CRM-M-29431 29431-2025 - -3- a planned conspiracy with co-accused a planned conspiracy with co Sanjay Goyal has cheated accused-Sanjay Goyal has cheated the complainant, thus, does not deserve the concession of bail. the complainant, thus, does not deserve the concession of bail. the complainant, thus, does not deserve the concession of bail. Adjourned to 14.11.2025. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join ear as and investigation within a week from today and would appear as and investigation within a week from today and would app investigation within a week from today and would app when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, she shall be the Investigating Agency. In the event of arrest, she shall be the Investigating Agency. In the event of arrest, she shall be the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the admitted to interim bail on furnishing of bail/surety bonds to the petitioner satisfaction of Arresting/Investigating Officer. The petitioner satisfaction of Arresting/Investigating Officer. The satisfaction of Arresting/Investigating Officer. The shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” 482(2) of BNSS, 2023.” Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of 3. the order dated 29.10.2025 passed by this Court, the petitioner has joined the the order dated 29.10.2025 passed by this Court, the petitioner has joined the the order dated 29.10.2025 passed by this Court, the petitioner has joined the the order dated 29.10.2025 passed by this Court, the petitioner has joined the investigation. on. Learned counsel for the State, on instructions from ASI Manhor Learned counsel for the State, on instructions from ASI Manhor Learned counsel for the State, on instructions from ASI Manhor Learned counsel for the State, on instructions from ASI Manhor 4. Singh, has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further investigation. 5. the In view of the statement made by learned State counsel, the In view of the statement made by learned State counsel, In view of the statement made by learned State counsel, interim order dated 29.10.2025 is made absolute. The petitioner shall continue interim order dated 29.10.2025 is made absolute. The petitioner shall continue interim order dated 29.10.2025 is made absolute. The petitioner shall continue interim order dated 29.10.2025 is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. also abide by the conditions as provided under Section 482(2) of the BNSS. 17.11.2025 Gurpreet HAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No ii) Whether reportable? Yes/No GURPREET 2025.11.20 10:34 I attest to the accuracy and authenticity of this document.