High Court of Punjab and HaryanaCRM-M/12669/2018dismissed

Kirna @ Kiranjeet Kaur v. State Of Punjab

2018-03-28Mr. Justice Jasgurpreet Singh Puri2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12669-2018 Date of decision: 28.03.2018 Kirna @ Kiranjeet Kaur

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. P.K.S. Phoolka, Advocate, for the petitioner.

**** JAISHREE THAKUR, J.

This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 31 dated 01.03.2016 under Sections 376/149 IPC and Sections 3, 4, 5 & 9 of Immoral Traffic Prevention Act, 1956, registered at Police Station Canal Colony Bathinda, District Bathinda.

Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case. The allegations as set out in the FIR, do not constitute any offence against the petitioner herein. The only allegation against the petitioner is that she was residing in the same house in which Binder Kaur was residing on rent. He further submits that there is no allegation against the petitioner regarding commission of rape or any involvement of the petitioner in commission of Satyawan 2018.04.04 17:16 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-12669-2018 -2rape. He submits that the petitioner is pregnant and is about to deliver a child within few days as she is in the advance stage of pregnancy. Learned counsel for the petitioner further submits that no recovery is to be effected from her, therefore, her custodial interrogation is not required. He further submits that she is ready to join investigation. After hearing learned counsel for the petitioner and going through the case file, I am of the considered opinion that the petitioner herein had committed serious offence in connivance with co-accused upon the minor girl and that the investigation in the case is yet to be completed. Therefore, keeping in view the gravity of the allegations of immoral traffic and for just and proper investigation, custodial interrogation of the petitioner is required. Thus, no ground is made out to grant concession of anticipatory bail to the petitioner.

Dismissed.

28.03.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.04.04 17:16 I attest to the accuracy and authenticity of this document High Court Chandigarh