Hina Gill Vs State of Punjab

T hrough the instant petition filed under Section 482 of th e Bharatiya Na g arik Suraksha Sanhita, 2023 (f o r short “BNSS”), the petitione r seeks anticip a tory bail in case FIR No.2 7 9 dated 31.12.2025 registere d against her, f or commission of offences p u nishable u/s 333, 137, 115(2) , 351(2), 61(2) of BNS (Section 140(3) of B NS added later on) at Polic e Station Sadar A mritsar, Police Commissioner a te Amritsar. 2. O n 20.01.2026, the following order was passed by the Co - ordinate Benc h of this Court: -

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“Petitioner, an accused in case FIR No.279 date d 31.12.2025 registered against h er, for commission of offence s punishable u/s 333, 137, 115(2) , 351(2), 61(2) of BNS (Sectio n 140(3) of BNS added later on) a t Police Station Sadar Amritsar ,

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GURPREET 2026.05.06 17:29 I attest to the accuracy and authenticity of this document.

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CRM-M-3023-2026 2

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P olice Commissionerate Amrits a r, has prayed for grant of pre - arrest bail.

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Learned counsel contend s that the petitioner, who is th e f o ster sister of complainant, ha s been falsely implicated in th e present case. In fact, complainant a qualified MBBS Doctor , unfortunately got addicted to a l cohol. Fed up from his way o f l i ving and addiction to alcohol, e ven his wife left the matrimonia l home and is presently residing w ith her father. Out of concer n f o r his health and safety, the fam i ly members got him admitted i n t h e De-addiction Centre. Learn e d counsel further submits tha t petitioner being sister of the c o mplainant had been sharing a r e sidential house with him, b u t off late on account of hi s d eteriorating health and addicti o n to drugs etc., she left the sai d house and started residing at Be a uty Avenue, Amritsar.

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It is further the submissi o n of learned counsel that th e i n cident has been given a differe n t colour by complainant in thi s c o ntext affidavit said to have be e n executed by the mother of th e c o mplainant appended along wi t h petition as Annexure P-3 ha s also been referred to, wherein t he lady has herself highlighte d about the pitiable condition of h er son, as also the reason wh y petitioner moved out of the ho u se. Complainant was living i n t o tally unhygienic condition and in view of request made by he r t h e family members shifted him t o De-addiction Centre.

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That apart, learned cou n sel submits that there is a n unexplained delay of 4 days in lodging the FIR itself reflect s u p on the falsity of the case set up by the prosecution an d i n dicates that facts have been tw i sted and a coloured version ha s been portrayed. Incident did not occur in the manner a s s u ggested by the complainant, w ho was got admitted in the De - addiction Centre by the family members only to save his life . L earned counsel further submit s that petitioner is nonetheles s w illing to join the investigation a s and when called for by the IO. Notice of motion.

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GURPREET 2026.05.06 17:29 I attest to the accuracy and authenticity of this document.

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CRM-M-3023-2026 3

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Mr. Kamalpreet Bawa, DA G, Punjab, accepts notice o n behalf of respondent-State and s eeks time to file detailed statu s r e port.

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Adjourned to 12.03.2026.

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In the meanwhile, the p e titioner is directed to join th e i n vestigation as and when requi r ed to do so by the Investigatin g A gency. In the event of her arres t , the petitioner shall be release d on ad-interim bail, subject to h e r furnishing bail bonds to th e s a tisfaction of the Arresting Offi c er. The petitioner shall also b e abide by all the conditions lai d down under Section 482(2) o f B NSS, 2023 (earlier Section 438 ( 2) Cr.P.C.).” 3. L earned counsel for the petition e r submits that in compliance o f the order date d 20.01.2026 passed by the Co- o rdinate Bench of this Court, th e petitioner has j oined the investigation.

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L earned counsel for the State, on instructions from AS I Gurbhajan Si n gh, has submitted that the petiti o ner has joined the investigatio n and is no longer required for further investiga t ion.

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L earned counsel appearing for t h e complainant submits that th e offence com m itted by petitioner is serious i n nature and hence, opposes th e grant of bail t o the petitioner.

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I n view of the statement made by learned State counsel, th e interim order dated 20.01.2026 passed by t he Co-ordinate Bench of thi s Court, is mad e absolute. The petitioner shall c ontinue to join investigation, a s and when ca l led by the Investigating Offic e r and shall also abide by th e conditions as p rovided under Section 482(2) o f the BNSS.

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06.05.2026

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(RUPINDERJIT CHAHAL) JUDGE

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Gurpreet

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i) Whether speaking/reasoned? Yes/ N o ii) Whether reportable? Yes/No

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GURPREET 2026.05.06 17:29 I attest to the accuracy and authenticity of this document.

Hina Gill v. State of Punjab

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Hina Gill v. State of Punjab

Case brief

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