Poonam Vs State of Punjab

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.207 dated 14.9.2024 under Sections 103, 238, 3(5) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station City Sangrur, District Sangrur.

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The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

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‘Statement of Meenu Arora wife Amit Kumar resident of Mohalla Chhahrian Wala, Gali Raja Ram, W.No. 16, H. No. 464 Sunam, aged about 43 years M.No 99147-64334. Stated that I am a resident of the above address. About 20 years ago, I was married to Amit Kumar son of Jagapati resident of Sunam. We are a total of three siblings, of which I am the eldest and my younger brother is Vijay Kumar @Kisan and the

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ASHWANI KUMAR 2026.07.18 10:22 I attest to the accuracy and integrity of this document

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youngest is Rakesh Kumar. My younger brother Rakesh Kumar died 4 years ago. My brother Vijay Kumar was married to daughter of Om Prakash resident of Dasmesh Colony, near Handa Dairy, Nabha about 16 years ago who have two children elder daughter Kirti aged about 13 years and younger son Sujan aged about 9 years. On 10.09.2024 I was present at my in-laws' house, my mother Mohini Devi called me and told me that your brother Vijay Kumar @ Kisan had come home at night but he was not in his room in the morning. Poonam for whom we are all looking for him, then I called my mother and told her that you should check till evening, he must have gone to his friend's house and he will come back. But my brother Vijay Kumar did not return home on 10.09.2024 and 11.09.2024 about which my paternal family did know anything. Then on 12.09.2024 also, when nothing was known about my brother, on 12.9.2024 at around 5:00 PM, I came to my paternal house, house number 161, near Shiv Mandir, Pratap Nagar, Sangrur, with my husband Amit Kumar. Then after coming to my paternal house, on 12.9.2024, I along with my husband Amit Kumar, father Sundar Lal went to the police station with sister-inlaw Poonam to file a missing person report. Where my father Sundar Lal filed a missing person report of my brother Vijay Kumar in the police station. Then after filing the report, we came home and that same day I went to my in-laws' house in Sunam with my husband Amit Kumar. On reaching our house on 12-9-2024, my mother called me and told me that after you left, your sister-in-law Poonam took a bag from home with her two children and left on her scooter Activa. Then I called my sister-in-law Poonam but her number was switched off. Then yesterday on 13-9-24 in the afternoon, I came to my parents' house again with my husband. Where on our asking, my sister-in-law Poonam's family, brothers Raj Kumar and Amit Kumar, residents of Nabha, came to our house. We both families kept searching for sister-in-law Poonam together, but the phone was continuously closed. Then yesterday, Poonam's family filed a missing complaint with the Sangrur City Police Station. Then later in the afternoon, Poonam's family had gone and I had also gone to Sunam. Today, on 14-9-2024, I came to my father's house in Sangrur with my husband at around 11.00 AM, and my Bhabhi's family, brother Raj Kumar, Amit Kumar, son Om Prakash, resident of Nabha, and other people also came to our house. Then, both of us were sitting at our house, were talking about the missing of my brother Vijay Kumar and Bhabhi Poonam, where

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ASHWANI KUMAR 2026.07.18 10:22 I attest to the accuracy and integrity of this document

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my Bhabhi Poonam called her brother Amit Kumar on her phone. Amit Kumar picked up the phone in front of the members of both our families and put the phone on speaker. While talking, Bhabhi Poonam told that on 10/9/24 In the intervening night at 9-around 3.00/3.30 AM, I along with my companion Deep, in conspiracy made by us, strangled my husband Vijay Kumar in our bedroom while he was sleeping. My sister-in-law Poonam and her friend Deep together murdered my brother Vijay Kumar and took his body to an unknown place. Appropriate legal action should be taken against them. SD/ Meenu Arora, verified by SD/ Manpreet Singh Station House Officer, Police Station City Sangrur, dated 14-9-2024.’

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Learned counsel for the petitioner has argued that the petitioner is in custody since 16.9.2024. Learned counsel has urged that the petitioner has been falsely implicated into the FIR in question as the family of the deceased was suspecting her having an affair with coaccused Gurdeep Singh @ Deep. Learned counsel has further submitted that the case in hand is not an eye witness account. Learned counsel has further urged that prime prosecution witness PW-1 Amit, who is the witness of extra judicial confession of the petitioner-Poonam, has been given up. Learned counsel has further urged that the prime prosecution witnesses, including the FIR-complainant, have already been examined as prosecution witnesses. Learned counsel has further submitted that the petitioner is a lady aged 40 years with clean antecedents and has already suffered incarceration for more than 01 year and 9 months. Thus, regular bail is prayed for.

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Learned State counsel had filed status report by way of affidavit dated 19.3.2026, which is already on record. Raising submissions in tandem with the said reply, learned State counsel has opposed the present

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ASHWANI KUMAR 2026.07.18 10:22 I attest to the accuracy and integrity of this document

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petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel has particularly drawn the attention of this Court to CDR record between co-accused Gurdeep Singh @ Deep and the petitioner Poonam (wife of the deceased) to argue that there are 831 calls caused between them from 4.7.2024 to 12.9.2024, which palpably reflects that accused were in contact with each other for commission of offence. Learned State counsel seeks to place on record custody certificate dated 16.7.2026 in Court, which is taken on record.

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

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The petitioner was arrested on 16.9.2024 wherein after investigation was carried out; challan was prepared on 12.5.2025 and subsequently filed. Charges in the present case were framed on 15.5.2025. Total 26 prosecution witnesses have been cited, out of which 5 have been examined and 2 have been given up. It is not in dispute that the FIRcomplainant Meenu Arora stands examined as a prosecution witness. It is also not in dispute that PW-Amit (witness of extra judicial confession of the petitioner-Poonam) has been given up. The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon 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

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the prosecution evidence.

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6.1 As per custody certificate dated 16.7.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 01 year, 9 months and 26 days & is not shown to be involved in any other case.

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

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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

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trial Court/Duty Magistrate, the petitioner shall remain bound by the following conditions:-

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(i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.

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

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

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

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(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.

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