← Library
High Court of Punjab and HaryanaCRM-M/16597/2026allowed

Gangu Ram v. State Of Punjab

2026-05-04Mr. Justice Sanjay Vashisth6 pages

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 102+211 1.

CRM-M-16597-2026 (O&M) Decided on : 04.05.2026 Gangu Ram . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CRM-M-18233-2026 (O&M) Usha . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Pawan Kumar Hooda, Advocate for the petitioner(s) (in both cases).

Mr. Vinay Malhotra, DAG, Punjab assisted by ASI Omkar Singh.

Mr. Sangram S. Saron, Advocate, Mr. D.S. Garcha, Advocate and Ms. Kimreet Kaur Khurana, Advocate for the applicant(s)-complainant(s).

**** SANJAY VASHISTH , J. (Oral) CRM-19435-2026 IN CRM-M-16597-2026, CRM-19437-2026 IN CRM-M-18233-2026 I.

Aforesaid applications have been filed u/s 528 of BNSS, 2023, for placing on record the certain documents, as Annexures C-1 & C-2, respectively (in both cases).

II.

Allowed as prayed for. Annexures C-1 & C-2 (in both cases) filed along with applications are taken on record, subject to all just exceptions. Office to tag the same at appropriate places in the respective

- 2 - case files.

III.

CRMs stand disposed of.

MAIN CASE(S) 1.

This order shall dispose of CRM-M-16597-2026 (O&M) and CRM-M-18233-2026 (O&M), as both the petitions are interconnected and have arisen out of same FIR. However, the lead case is CRM-M-165972026 (O&M). Prayer in these petitions, filed under Section 482 of BNSS, 2023 (corresponding to Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner(s), who have been booked for having committed the offences punishable under Sections 303(2) of BNS, 2023 [Sections 123, 61(2) of BNS, 2023 were added later on] (corresponding Sections 379, 328, 120-B of IPC), in a case arising out of FIR No.0065, dated 09.02.2026, registered at Police Station Zirakpur, District SAS Nagar Mohali, Punjab. 3.

Relevant extract of the orders dated 27.03.2026 and 06.04.2026 (passed in both petitions), is reproduced here-under:- "CRM-M-16597-2026 Complainant Kapil Singla has got the instant FIR registered, and the allegations levelled therein reveal that through the 'Tinder app', complainant came into contact with a girl named 'Simran', and they thereafter started having telephonic conversations.

On 05.02.2026, both of them stayed together at a hotel, namely R.C. Residency, Zirakpur, Panchkula Road, Baltana, which was booked by the complainant himself. They stayed together during the night, and in the morning, when the complainant woke up, he found that his mobile phones (Apple iPhone 17 and Samsung Z Fold 7), a gold chain, one gold bracelet (kada), two rings, and cash amounting to 45,000/- were missing.

₹ 3.

As per the allegations, CCTV footage of the hotel was checked, and it revealed that at about 2:20 a.m., a woman identified as "Simran" had left the hotel premises.

Upon personal inquiry conducted by the complainant, it came to light

- 3 - that the actual name of the girl was Usha @ Nitika, whereupon the complainant suspected the involvement of some other persons as well. Learned counsel for the petitioner has argued that the complainant is an influential and affluent person and that it was the complainant himself who had booked the hotel room at Zirakpur. It is contended that the allegations have been concocted in order to wriggle out of the situation, and a false case has been registered against the accused persons.

Counsel further submits that the only allegation against the petitioner is that he has been named in the disclosure statement of one Aman, wherein a role has been assigned to him to the effect that it was petitioner who had arranged some medicine, which was allegedly given to the girl Simran for administering the same to the complainant.

Learned counsel further contends that, in fact, it was the complainant himself who had been allegedly blackmailing Simran and had been frequently calling her to hotels. Present FIR has been registered only to exert pressure upon her and the other co-accused persons.

It is also submitted that the petitioner is ready and willing to join the investigation, in case he is granted protection from arrest. Accordingly, learned counsel prays for the grant of anticipatory bail to the petitioner. Notice of motion.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab puts in appearance on behalf of the respondent - State. He seeks some time to file reply. Adjourned to 04.05.2026 In the meanwhile, petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of his arrest, petitioner shall be released on interim bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. Petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

10.

Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. CRM-M-18233-2026 Complainant Kapil Singla has got the present FIR registered, and the allegations levelled therein reveal that through the 'Tinder app', complainant came into contact with a girl named 'Simran', and they thereafter started having telephonic conversations. On 05.02.2026, both of them stayed together at a hotel, namely R.C. Residency, Zirakpur, Panchkula Road, Baltana, which was booked by the complainant himself. They stayed together during the night, and in the morning, when the complainant woke up, he found that his mobile phones (Apple

- 4 - iPhone 17 and Samsung Z Fold 7), a gold chain, one gold bracelet (kada), two rings, and cash amounting to Rs.45,000/- were missing. 3.

As per the allegations, CCTV footage of the hotel was checked, and it revealed that at about 2:20 a.m., a woman identified as "Simran" had left the hotel premises. Upon personal inquiry conducted by the complainant, it came to light that the actual name of the girl was Usha @ Nitika (present petitioner), whereupon the complainant suspected the involvement of some other persons as well.

Learned counsel for the petitioner submits that complainant is an influential and affluent person, and it was he who had booked the hotel room at Zirakpur, called the petitioner, and compelled her to come to the hotel with the intent to satisfy his lust.

It is further submitted that, upon realizing the true intention of the complainant, petitioner left the hotel room at the first available opportunity while the complainant was asleep. Moreover, it is contended that no criminality can be attributed to the act or conduct of the petitioner. Learned counsel further contends that, in fact, it was the complainant himself who had been allegedly blackmailing the petitioner and had been frequently calling her to hotels. Present FIR has been registered only to exert pressure upon her and the other co-accused persons. It is also submitted that co-accused namely Gangu Ram, has already been granted the concession of interim anticipatory bail by this Court, vide order dated 27.03.2026, passed in CRM-M-16597-2026 (Annexure P-2). Moreover, petitioner is ready and willing to join the investigation, in case, she is granted protection from arrest. Thus, counsel prays for the grant of anticipatory bail to the petitioner in the present case.

Notice of motion.

On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab puts in appearance on behalf of the respondent - State, and Mr. G.S. Dhot, Advocate, (for Ch. Karamjeet Singh, Advocate), puts in appearance on behalf of the complainant, and files his vakalatnama in Court today, which is taken on record. Adjourned to 04.05.2026.

10.

To be heard along with CRM-M-16597-2026.

11.

Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad-interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).

12.

Besides, it is directed that petitioner would hand over her passport to the Investigating Agency or to Court concerned, if she possesses. Otherwise, would submit an affidavit, disclosing the fact that she does not

- 5 - possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court." Continuing his submissions, learned counsel for the petitioners contends that in compliance of the orders dated 27.03.2026 and 06.04.2026, passed by this Court, petitioners have joined the investigation, and have fully co-operated. Therefore, they pray for confirmation of the said interim anticipatory bail orders.

Learned State counsel on instructions, confirms the said averments made by counsel for the petitioners of joining the investigation on 04.04.2026 by the petitioners, and submits that as of now, custodial interrogation of the petitioners is not required for the purpose of investigation.

Heard learned counsel for the parties.

Since, petitioners have already joined the investigation and custodial interrogation is no more required; ad-interim bail orders dated 27.03.2026 and 06.04.2026, passed by this Court are hereby made absolute. However, petitioners shall continue to join the investigation as and when required to do so and abide by all the conditions laid down under Section 482(2) of BNSS, 2023 Petitions stand disposed of accordingly.

However, present order would be subject to the submission of their passports to the Investigating Agency or to Court concerned, if they possess, within a period of one week from today. Otherwise, they would submit their respective affidavits, disclosing the fact that they do not possess any passport.

- 6 - It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. Photocopy of this order be placed on the file of other connected case.

(SANJAY VASHISTH) JUDGE May 04, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No