Krishna Devi v. State of Punjab njab
Case Details
CRM-M-37037 7037-2025 115 IN THE HIGH COURT OF PUNJAB IGARH AT CHANDIGAR NJAB AND HARYANA CRM-M-37037-2025 Date of decision: 16.07.2025 Krishna Devi ...Petitioner Versus State of Punjab njab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CH P CHITKARA Present: Mr. Dhananjai Rana, Advocate for the or the petitioner. Ms. Navreet K. Barnala, A.A.G., Punja , Punjab. ANOOP CHITK HITKARA, J. **** FIR No. Dated Police Station Sections 57 23.06.2025 Julkan, District 115(2), 118(1), 190 and Distric Patiala 191(3) of BNS 1. The petit
Facts
e petitioner apprehending arrest in the FIR c efore e FIR captioned above has come up before this Court unde under Section 482 of Bharatiya Nagarik SS], agarik Suraksha Sanhita, 2023, [BNSS], seeking anticipat ticipatory bail. 2. In paragr paragraph 12 of the bail petition, the petitio inal petitioner declares that he has no criminal antecedents. 3. The facts facts of the case has been taken from the by the order dated 08.07.2025 passed by Additional Sessio essions Judge, Patiala which reads as follo follows:- “ In brief the case of pr as of prosecution is that present case has been registered on the basis of nt is of statement suffered by complainant Goldi with the allegations that to that on 31.5.2025 when he had gone to his fields four a round then sa ut. n saw that "Vatt" of his field was cut. Then at about 6.30 p.m. he a of he alongwith his brother Toni son of Harkesh Singh enquired from Ra of m Ram Lal son Karnail Singh resident of Chirwa that as to he has cut t Lal cut the "Vatt' of his field then Ram Lal started abusing him and hi ey d his brother Toni and when they restrained Ram Lal not to abu t a abuse them then Ram Lal took out a Sword from his house and and g in and gave a sword blow upon him and in Jyoti 2025.07.23 09:41 I attest to the accuracy and integrity of this document 1 CRM-M-37037 7037-2025 order to save himself he moved ws oved forward his hands and the blows hit upon his both hands. He the . He further stated that then in the meanime Shyam Lal, Narang S nju ng Singh sons of Karnail Singh, Panju son of Ram Lal, Budh Singh, M gh, h, Mangal Singh sons of Lakhvir Singh, Krishna Devi wife of Karnail Sin am il Singh and Gurnam Kaur wife of Ram Lal all residents of Chirwa came nd ame their being armed with Danda and Sotas and Sham Lal gave Dand the anda blow upon Toni which hit on the right side of the head of Toni an on ni and the second Danda blow hit upon the wrist of left arm. He furthe ed rther stated that all the other accused gave beatings to them with Da ula h Dandas and Sotas. They raised raula Bachao Bachao and upon h ge n hearing this people from village gathered there and on seeing ay eing the gathering accused fled away from the spot with their resp ey respective weapons. Thereafter, they were admitted to Rajindra H ere ra Hospital, Patiala where they were under treatment. On the basis ent basis of statement, FIR of the present case has been registered and in nd investigation is still in progress.” 4. The petit etitioner's counsel prays for bail by imp and by imposing any stringent conditions and contends that pre pre-trial incarceration would cause an ir ioner e an irreversible injustice to the petitioner amily. and their family. 5. The petitio petitioner’s counsel submits that the pe ction the petitioner would have no objection whatsoever to an r to any stringent conditions that this Cour f the s Court may impose, including that if the petitioner repeat repeats the offense or commits any non-ba for a bailable offense which provides for a sentence of impr f imprisonment for more than seven years, on to years, the State may file an application to revoke this bail b s bail before the concerned Court having jur shall ing jurisdiction over this FIR, which shall have the authori authority to cancel this bail, and may do s h the y do so at their discretion, to which the petitioner shall h shall have no objection. 6. The State e State’s counsel opposes bail on instruction ructions. ING: REASONING: 7. Consider idering that the petitioner is a woman irst an of 75 years of age and she is first offender, no inju injury attributed to her. In the petition, ies ion, it has been mentioned that injuries were not cause used by the petitioner. Other co-accus he ccused had inflicted injuries upon the complainant par party, as such, there is no reason to den deny bail to the petitioner. 8. Pre-trial trial incarceration should not be a replica . The eplica of post-conviction sentencing. The Jyoti 2025.07.23 09:41 I attest to the accuracy and integrity of this document 2 CRM-M-37037 7037-2025 evidence might
Legal Reasoning
ight be prima facie sufficient to launch p , but nch prosecution or to frame charges, but this Court is not is not considering the evidence at that stag ge of t stage, but is analyzing it for the stage of anticipatory bail ry bail. An analysis of the above does not ju - not justify custodial interrogation or pre- trial incarceratio eration. 9. The inve e investigation indicates that the petitione the titioner is not the main accused, so the petitioner’s bail s bail shall not be treated as a precedent - cedent for granting bail to the other co- accused with a h ith a higher role. 10. Given th ven the above, the penal provisions invo facie s invoked coupled with the primafacie analysis of the f the nature of allegations and the other there other factors peculiar to this case, there would be no jus no justifiability for custodial interrogation t this ation or the pre-trial incarceration at this stage. 11. Without thout commenting on the case's merits, in t uliar ts, in the facts and circumstances peculiar to this case, and e, and for the reasons mentioned above, th . ove, the petitioner makes a case for bail. IONS: CONDITIONS: 12. Given ab ven above, provided the petitioner is not , the is not required in any other case, the petitioner shall b shall be released on bail in the FIR captione onds ptioned above subject to furnishing bonds to the satisfactio sfaction of the Arresting Officer, and if the n the if the matter is before a Court, then the concerned Cour Court and due to unavailability before /duty efore any nearest Ilaqa Magistrate/duty Magistrate. Befo . Before accepting the surety, the concern sfied oncerned Officer/Court must be satisfied that if the accuse accused fails to appear, such surety can prod an produce the accused. 13. While fu hile furnishing a personal bond, the petit wing e petitioner shall mention the following personal identific entification details: AADHAR number 1. AA Passport number (If available) and 2. Pas atte attesting officer/court considers it appr considers the accused a flight risk. con Mobile number (If available) 3. Mo 4. E- -Mail id (If available) and when the it appropriate or 14. This orde is order is subject to the petitioner’s compl The complying with the following terms. The petitioner shall a shall abide by all statutory bond condition rned nditions and appear before the concerned Court(s) on all n all dates. The petitioner shall not tam ence, ot tamper with the evidence, influence, browbeat, pressu pressurize, induce, threaten, or promise, d sses, ise, directly or indirectly, any witnesses, Police officials, icials, or any other person acquainted with f the d with the facts and circumstances of the case or dissuade suade them from disclosing such facts to th s to the Police or the Court. 15. The petit petitioner is directed to join the investiga ing stigation within seven days of uploading this order on the n the official webpage of the High Court nd ourt of Punjab and Haryana and as and when called by t by the Investigator. The petitioner shall b n 27 shall be in deemed custody for Section 27 Jyoti 2025.07.23 09:41 I attest to the accuracy and integrity of this document 3 CRM-M-37037 7037-2025 of the Indian Ev ian Evidence Act, 1872/ Section 23 of BSA n the f BSA, 2023. The petitioner shall join the investigation as on as and when called by the Investigating r and gating Officer or any Superior Officer and shall cooperate erate with the investigation at all further nt of rther stages as required. In the event of failure to do so, do so, the prosecution will be open to seek uring o seeking cancellation of the bail. During the investigation ion, the petitioner shall not be subjected age, jected to third-degree, indecent language, inhuman treatme reatment, etc. 16. Any obse y observation made hereinabove is neithe the neither an expression of opinion on the case's merits nor its nor shall the trial Court advert to these co hese comments. 17. A certifie certified copy of this order would not be ne any t be needed for furnishing bonds, and any Advocate for th for the Petitioner can download this orde the is order along with case status from the official web page b page of this Court and attest it to be a tru ants e a true copy. If the attesting officer wants to verify its au its authenticity, such an officer can also may n also verify its authenticity and may download and us and use the downloaded copy for attesting b sting bonds. 18. Petition tition allowed in terms mentioned above any, above. All pending applications, if any, stand disposed o osed of. .07.2025 16.07.202 IV Jyoti-IV Whether speakin Whether reportab peaking/reasoned: Yes No. eportable: (ANOOP CHITKARA) JUDGE Jyoti 2025.07.23 09:41 I attest to the accuracy and integrity of this document 4