CRM-M/31690/2026 of KAJAL BHIWANI Vs STATE OF PUNJAB on 2 September 2026

1. Present petition has been filed under Section 483 of BNSS, 2023 on behalf of the petitioner to secure regular bail in case bearing FIR No. 299 dated 12.09.2025, registered for the offences punishable under Sections 115(2), 126(2), 118(1), 109, 351(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 (erstwhile Sections 323, 341, 324, 307, 506, 148 and 149 of the Indian Penal Code, 1860), registered at Police Station Kharar, District SAS Nagar, Mohali, Punjab.

2. Learned counsel appearing for the petitioner has urged that the petitioner is in custody since 14.02.2026. Learned counsel appearing for the petitioner has further urged that the petitioner has been falsely implicated into the FIR in question, primarily on account of there being rivalry between the rival Kinner groups. Learned counsel appearing for the petitioner has further urged that the challan (upon culmination of investigation) already stands filed.

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Learned counsel appearing for the petitioner has further urged that the injured already stands discharged from the hospital long ago, after receiving the requisite medical treatment. Learned counsel appearing for the petitioner has further urged that the petitioner has clean antecedents. Thus, regular bail is prayed for.

3. State has filed reply dated 31.07.2026. Raising submissions in tandem with the abovesaid reply, learned State counsel has vehemently opposed the present petition by iterating that the allegations raised against the petitioner are serious in nature. He has further argued that the petitioner may flee from the process of law, in case he is released on bail and, thus, he does not deserve the concession of regular bail. Learned State counsel seeks to place on record custody certificate dated 01.09.2026 in Court, which is taken on record.

3.1. Learned counsel for the complainant has vehemently opposed the grant of regular bail to the petitioner by iterating that allegation raised against the petitioner are direct/serious in nature and in case the petitioner is extended the concession of regular bail, there is all the likelihood that she may flee from the process of law as also intimidate the witnesses/injured. Thus, dismissal of petition in hand is entreated for.

4. I have heard counsel for the rival parties and have gone through the available records of the case.

5. The petitioner was arrested on 14.02.2026 and is stated to be in continuous custody since then. Upon culmination of investigation, challan was presented on 14.05.2026. It is the conceded case before this Court that

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out of total 19 cited prosecution witnesses, none has been examined till date.

Keeping in view the entirety of the factual milieu of the case in hand; especially the factum that the challan has been filed upon culmination of investigation, out of the total 19 cited prosecution witnesses, none has been examined till date, the conclusion of trial is likely to take long and the petitioner has suffered incarceration for a period of more than 6 months; this Court is inclined to afford the concession of regular bail to the petitioner.

The rival contentions raised at the Bar, give rise to debatable issues, which shall be ratiocinated during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence.

6. Further, as per custody certificate dated 01.09.2026 filed by learned State counsel, the petitioner is stated to have suffered incarceration for a period of 6 months and 15 days and is not shown to be involved in any other case/FIR.

Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case.

7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on her furnishing bail/surety bonds to the satisfaction of the Ld. concerned trial Court/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:

(i) The petitioner shall not mis-use the liberty granted.

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(ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

(iii) The petitioner shall not absent herself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit her passport, if any, with the trial Court.

(vi) The petitioner shall give her cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change her cell-phone number without prior permission of the trial Court/Illaqa Magistrate.

(vii) The petitioner shall not in any manner try to delay the trial.

8. In case of breach of any of the aforesaid conditions, and those which may be imposed by the concerned Trial Court/Duty Magistrate as directed hereinabove, or upon showing any other sufficient cause, the State/complainant shall be at liberty to move for cancellation of the petitioner's bail.

9. Ordered accordingly.

10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.

11. Since the main case has been decided, pending miscellaneous application, if any, shall also stand disposed of.

(SUMEET GOEL)

JUDGE 02.09.2026 Naveen Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No