Punjab & Haryana High Court
Uma Gupta v. State of Punjab
CRM-M/33829/2026
- Decision date
- 2026-07-09
- Text availability
- Full text
- Judges
- Sumeet Goel
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
CRM-M-33829CRMCRMCRM 3382933829338299-2026202620262026 1 222222222222 ININININ THETHETHETHE HIGHIGHIGHIGGHGHGHGH COURTCOURTCOURTCOURT OFOFOFOF PUNJABPUNJABPUNJABPUNJAB ANDANDANDAND HHHARYANAHARYANAHHHARYANAHARYANA ATATATAT CHANDIGARHCHANDIGARHCHANDIGARHCHANDIGARH CRM-M-33829CRMCRMCRM 33829-23382933829 2026202620262026 Uma Gupta ....Petitionerr versus State of Punjaab ....Respondentt DateDateDateDate ofofofof DecisDecisDecisDecision:ion:ion:ion: JulyJulyJulyJuly 09,090909 2026202620262026 DateDateDateDate ofofofof UploaUploaUploaUploaading:ading:ading:ading: JulyJulyJulyJuly 09,090909,,, 2026202620262026 CORAM:CORAM:CORAM:CORAM: HON’BLEHON’BLEHON’BLEHON’BLE MR.MR.MR.MR. JUSTICEJUSTICEJUSTICEJUSTICE SUMEESUMEESUMEESUMEEETETETET GOELGOELGOELGOEL Present:PresentPresentPresent Mr. Naresh Jain, Advocate for the petitioner. Mr. Jaypreet Singh, DAG Punjab. Mr. Nikhil Kumar Vashisht, Advo cate for the complainant. ******************** SUMEETSUMEETSUMEETSUMEET GOGOGOGOOEL,OELOELOEL,,, J.J.J.J. (ORAL)(ORAL)(ORAL)(ORAL) Present petition has been filed unnder Section 482 of the Bhartiyaa Nagarik Surakksha Sanhita, 2023 (for short ‘BNNSS’) for grant of concession off anticipatory bbail to the petitioner, in case FIRR No.26 dated 01.02.2026, underr Sections 337, 318(4), 336(3), 340(2) of the BNNS, 2023, at Police Station Civill Lines, Bathindda, District Bathinda. 2. On 15.06.2026, the following ordeer was passed:
“1. The petitioner through instant petition under Section 4822 Bharatiya Nagarik Suraksha Sanhita,a, 2023 (for short ‘BNSSBNSS’)BNSSBNSS is seekingg grant of anticipatory bail in FIR Noo.26 dated 01.02.2026 under Sectionss 337, 318(4), 336(3) & 340(2) of Bhahartiya Nyaya Sanhita, 2023 (for shortt ‘BNSBNS’)BNSBNS registered at Police Statioion Civil Lines, Bathinda, Districtt Bathinda,Punjab. 2. As per FIR, case of the proosecution is that Sh. Achhru Kumarr Gupta-husband of the petitioner in 202019 entered into an agreement to sellll the property in question. He receiived earnest money to the tune off ₹8,50,000/- and ₹9,00,000/- on 118.12.2019 through proper bankingg channel. The remaining amount wass payable at the time of the executionn and registration of the sale deed.d. He passed away on 10.04.2020.0. Following his death, the inheritannce mutation of the property wass sanctioned in petitioner’s favor and oone of their daughters namely Prachihi Gupta. On 21.10.2021, the sale deeed for the property was executed && MAHAVIR SINGH registered and the balance sale consiideration of ₹5,40,000/- was receivedd 2026.07.09 17:35 I attest to the accuracy and authenticity of this order/ judgment CRM-M-33829CRMCRMCRM 33829-20263382933829 202620262026 2
via bank transaction. Complainant-Ekta Gupta who is their estranged daughter approached the petitioner for her share from the proceeds of the deed. On 06.12.2023, the petitioner transferred a sum of ₹24,00,000/- to the complainant through bank transactions as a full and final settlement of her claims qua the inheritance. The complainant subsequently filed an application dated 29.11.2025 which culminated in the registration of the present FIR under Sections 337, 318(4), 336(3), and 340(2) of BNS at PoliceStationCivil Lines,Bathinda. 3. The petitioner approached learned Sessions Court, Bathinda seeking anticipatory bail and learned Additional Sessions Judge, Bathinda videorderdated03.06.2026hasrejectedthesame. 4. Learned counsel for the petitioner submits that petitioner is a 72 years old lady. She has already paid a sum of ₹24,00,000/- to complainant who is none other than her daughter. The dispute between the parties is primafaciecivilinnature. 5. Noticeofmotionreturnablefor09.07.2026.09.07.202609.07.202609.07.2026 6. Mr. Arun Jindal, Additional Advocate General, Punjab who on advance notice is present in Court accepts notice on behalf of respondent-State. 7. Mr. Nikhil Kumar Vashisht, Advocate appears on behalf of complainant and files his Power of Attorney. The same is taken on record. Registryisdirectedtotagthesameatan appropriateplace.
8. Proviso to clause (i) & (ii) of sub-section (1) of Section 480 of BNSS provides that the court may release on bail if a person accused of commission of offence punishable with imprisonment for 7 years or more ischildorisawomanor issickorinfirm. 9. While adverting with bail to a woman, a two judge bench of Hon’ble Supreme Court in SatenderSatenderSatenderSatender KumarKumarKumarKumar AntilAntilAntilAntil v.v.v.v. CBI;CBI;CBI;CBI; (2022)(2022)(2022)(2022) 10101010 SCCSCCSCCSCC 51515151hasobservedasunder: “69. Proviso to Section 437 of the Code mandates that when the accused is under the age of sixteen years, sick or infirm or being a woman, is something which is required to be taken note of.
Obviously, the court has to satisfy itself that the accused person is sick or infirm. In a case pertaining to women, the court is expected to show some sensitivity. We have already taken note of the fact that many women who commit cognizable offences are poor and illiterate. In many cases, upon being young they have children to take care of, and there are many instances when the children are to live in prisons. The statistics would show that more than 1000 children are living in prisons along with their mothers. This is an aspect that the courts are expected to take note of as it would not only involve the interest of the accused, but also the children who are not expected to get exposed to the prisons. There is a grave danger of their being inherited not only with poverty but with crimeaswell.”
10. Having considered the contents of the FIR, role attributed to the petitioner, gravity of offence, sentence prescribed for commission of alleged offence, arguments put forth by the petitioner and law enunciated byHon’bleSupremeCourtinThanaThanaThanaThanaSinghSinghSinghSinghv.v.v.v.CentralCentralCentralCentralBureauBureauBureauBureauofofofofNarcotics,Narcotics,Narcotics,Narcotics, (2013)(2013)(2013)(2013) 2222 SCCSCCSCCSCC 590,590,590,590, ArnabArnabArnabArnab ManoranjanManoranjanManoranjanManoranjan GoswamiGoswamiGoswamiGoswami v.v.v.v. StateStateStateState ofofofof Maharashaharashtra,aharashaharashtra,tra,tra, (2021)(2021)(2021)(2021) 2222 SCCSCCSCCSCC 427,427,427,427, SatenderSatenderSatenderSatender KumarKumarKumarKumar AntilAntilAntilAntil (supra),(supra),(supra),(supra), SiddharamSiddharamSiddharamSiddharam SatlingappaSatlingappaSatlingappaSatlingappa MhetreMhetreMhetreMhetre v.v.v.v. StateStateStateState ofofofof MaharashtraMaharashtraMaharashtraMaharashtra andandandand others,others,others,others, 2010201020102010 SCCSCCSCCSCC OnLineOnLineOnLineOnLine SCSCSCSC 1375,1375,1375,1375, ShriShriShriShri GurbakshGurbakshGurbakshGurbaksh SinghSinghSinghSingh SibbiaSibbiaSibbiaSibbia v.v.v.v. StateStateStateState ofofofof PunjabPunjabPunjabPunjab (1980)(1980)(1980)(1980) 2222 SupremeSupremeSupremeSupreme CourtCourtCourtCourt CasesCasesCasesCases 565565565565 and ArneshArneshArneshArnesh KumarKumarKumarKumar v.v.v.v. StateStateStateState ofofofof BiharBiharBiharBihar (2014)(2014)(2014)(2014) 8888 SCCSCCSCCSCC 273,273273273 this Court is of the prima facieopinion that petitioner deserves protection from arrest.
11. Accordingly, it is hereby directed that in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Investigating/Arresting Officer subject to the conditions provided under Section 482(2) of BNSS. She shall appear MAHAVIR SINGH 2026.07.09 17:35 I attest to the accuracy and authenticity of this order/ judgment CRM-M-33829CRMCRMCRM 33829-20263382933829 202620262026 3 before Investigating Officer on 22.06.2026 and thereafter as directed by Investigating Officer. She shall co-operate the Investigating Officer. She shall not influence the witnesses, destroy, interpolate or manipulate evidence and leave country without prior approval of the Trial Court. If the Arresting Officer does not permit the petitioner to join the investigation, she would appear before the learned Illaqa Magistrate who would then summon the Arresting Officer and direct him to join the petitionerininvestigation,intermsoftheorderofthisCourt. 12. If the petitioner or her family members/associates make any attempt to threat/intimidate the witnesses in the present case, the State would be at liberty to move an application for cancellation of bail granted bythisorder. 13. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and Trial Court shall proceed withoutbeingprejudiced byobservationsofthisCourt.””””
3. Learned State counsel (on instructions) has stated that pursuant to the order dated 15.06.2026, the petitioner has joined investigation, and her custodial interrogation is not required. 4. Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that allegations against the petitioner are serious in nature, and in case, the petitioner is extended the concession of anticipatory bail, there is all likelihood that he may abscond from the process of justice and interfere in the prosecution evidence. 5. Having heard learned counsel for the parties and upon perusal of the record; especially in view of the factum of the petitioner having joined investigation and her custodial interrogation is not being sought for by the State; the interim order dated 15.06.2026 passed by this Court is made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023. 6. Petition stands allowed,allowedallowedallowed accordingly. 7. This order should not be treated as “blanket” order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 8. Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition MAHAVIR SINGH 2026.07.09 17:35 I attest to the accuracy and
authenticity of this order/ judgment CRM-M-33829CRMCRMCRM 33829-20263382933829 202620262026 4 stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause. 9. Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. 10. Pending application(s), if any, shall also stand disposed of. (SUMEET(SUMEET(SUMEET(SUMEET GOEL)GOEL)GOEL)GOEL) JUDGEJUDGEJUDGEJUDGE JulyJulyJulyJuly 09,090909,,, 2026202620262026 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2026.07.09 17:35 I attest to the accuracy and authenticity of this order/ judgment