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SUKHVINDER KAUR, J. –

1. Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.0059 dated 10.08.2025, under Sections 108, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, registered at Police Station Narot Jaimal Singh, District Pathankot.

2. Briefly, the facts of the present case are that the aforesaid FIR was registered on the statement of Balwinder Singh, with the allegations of mental harassment to his nephew Shamsher Singh at the hands of petitioner and her family members. It was alleged in his statement that his deceased nephew was married to the petitioner and a son namely Dilpreet Singh was also born out of this wedlock. However, the said marriage did not last long and petitioner started residing at her paternal home. It was further alleged that whenever the deceased visited her paternal home in order to meet her and his son, the petitioner and her family members used to insult him. On the day of his death, he came from his in-laws’ house and started vomiting and on asking, he told the complainant that he had gone to meet his son for Rakhi festival, but his wife, sister-in-law and mother-in-law threw him out of the house. He got upset over it and consumed poisonous medicine. Though he was taken to hospital, but he could not survive. On the basis of these allegations, FIR was registered against the petitioner.

3. Learned counsel for the petitioner contended that the marriage between the petitioner and deceased husband took place on 11.05.2023 and a son namely Dilpreet Singh was born on 19.03.2025, who is residing with the petitioner. The allegations levelled against the petitioner are totally false and if, for the sake of arguments, are taken to be correct, are not of such a level that a person would commit suicide. In fact, the deceased was a drunkard person and even used to take narcotics. As a result, he also used to beat his wife and this became the reason for their separation. He further submitted that earlier also, deceased tried to commit suicide six months ago, but fortunately survived. He was not having good state of mind. Learned counsel further urged that minor son of the petitioner is staying with her and in case, the petitioner is arrested, it would effect the upbringing of her child. He has, therefore, prayed that the petitioner be granted concession of anticipatory bail.

4. Learned State counsel has opposed the present bail petition and has contended that the allegations levelled against the petitioner are serious in nature, that she, along with her family members, created such circumstances that compelled her husband to commit suicide. So, she does not deserve concession of anticipatory bail.

5. Heard.

6. The deceased is husband of the petitioner and the parties had got married on 11.05.2023. Out of their wedlock, one son namely Dilpreet Singh was born on 19.03.2025 and now, the infant son is residing with the petitioner. No suicide note had been recovered in the present case. The petitioner was having matrimonial discord and was residing separately from the deceased husband since the last about one year. As per the FIR, earlier also, deceased tried to commit suicide about six months ago. It is a matter of trial whether there was any abetment or incitement by the petitioner for commission of suicide by the deceased. The close proximity of time between the suicide and alleged incident at the in-laws’ house of deceased is also to be proved during the trial by leading cogent evidence. There is no such allegation that the deceased immediately consumed poisonous substance after alleged quarrel at his in-laws’ house at Kathua itself. The petitioner is not having any criminal antecedents and no other criminal case has been registered against her. Custodial interrogation of the petitioner is not required for any purpose and nothing is to be recovered from her. So, no useful purpose would be served by sending the petitioner behind the bars.

7. Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of arrest, the petitioner is ordered to be released on bail, on furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard. The petitioner shall also abide by the conditions mentioned in Section 482(2) of the BNSS.

8. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition.

9. Pending application(s), if any, shall stand disposed of along with the present petition.

Petition allowed.

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