Gurpreet Kaur v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-20726-2026 Date of Decision: 01.07.2026 GURPREET KAUR
...Petitioner
Versus
STATE OF PUNJAB
...Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH ****
Present:
Mr. Imaan Singh Khara, Advocate for the petitioner.
Mr. Vinay Malhotra, DAG, Punjab.
SANJAY VASHISTH , J. (ORAL) 1.
The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed here-under:- Name of Petitioner FIR No.
Date Section(s) Police Station District Gurpreet Kaur 184 31.12.2024 S. 140(3), 61(2) BNS, 2023 (erstwhile Sections 365, 120-B of IPC) Nehianwala Bathinda 2.
As per the allegations in the FIR, in the present case was got registered at the instance of complainant-Puran Singh and the relevant part of which reads as under:- "I am resident of afore-mentioned address and I do agricultural work. We are six brothers-sisters. Out of us, my one brother. Bakhtaur Singh Age about 57 Years reside at Dera Baba Bhagat Ram built at Village Dan Singh Wala, District Bathinda as Head. My brother Bakhtaur Singh has three children i.e. two daughters and one son. His both daughters Ramandeep Kaur and Jasvir Kaur are married and his son (my nephew) Jagmeet Singh alongwith his family reside at Village Dan Singh Wala outside the dera in
CRM-M-20726-2026 -2village itself. My sister-in-law (bhabhi) Paramjit Kaur wife of Bakhtaur Singh had died about 8/9 years ago after suffering attack. My brother Bakhtaur Singh was residing at Dera Baba Bhagat Ram, Village Dan Singh Wala since last about 35/40 years and was doing voluntary service there by residing in dera itself. He was in contact with one Gurpreet Kaur wife of Harwinder Singh @ Shory resident of Street No. 10/2, Paras Ram Nagar, Bathinda and she used to talk with my brother Bakhtaur Singh at his Phone Nos. 94177-72945, 98526-98525 and 76278-61460 from her Phone No. 78146-46889 and 79860-25617 and she used to visit dera. My brother Bakhtaur Singh had lent Rs. 10 Lac to Gurpreet Kaur in good faith. Gurpreet Kaur had borrowed this amount on the pretext of sending her daughter to abroad.
Gurpreet Kaur had promised to return this amount to my brother Bakhtaur Singh very soon but afterwards Gurpreet Kaur became dishonest and she has not returned the said amount to my brother Bakhtaur Singh till date. Record of money transferred by my brother Bakhtaur Singh to Gurpreet Kaur is available in our possession. Jora Singh son of Mukhtiar Singh, Sikandar Singh @ Chitti son of Gurmel Singh residents of Sangat and Avtar Singh son of name not known resident of address not known also used to visit dera with Gurpreet Kaur often. My brother Bakhtaur Singh used to tell this to me quite often. On dt. 23.12.2024 also Jora Singh son of Mukhtiar Singh, Sikandar Singh @ Chitti son of Gurmel Singh residents of Sangat and Avtar Singh son of name not known had come to my brother Bakhtaur Singh at dera at the instance of Gurpreet Kaur.
Avtar Singh and Jora Singh stayed in the dera itself and Sikandar Singh @ Chitti took my brother Bakhtaur Singh on my brother's motorcycle at time about 07:00 PM. Till date my brother Bakhtaur Singh has neither returned home nor at dera nor he has contacted us since that day and his mobile phones are also coming switched off since that day. Till date we were trying to trace Bakhtaur Singh at our own level but we could not find him. Gurpreet Kaur wife of Harwinder Singh @ Shory resident of Paras Ram Nagar, Bathinda was holding grudge against my brother because my brother was demanding back his money from her.
Now I have firm belief that afore-mentioned Gurpreet Kaur in connivance with her accomplices Jora Singh son of Mukhtiar Singh, Sikandar Singh @ Chitti son of Gurmel Singh residents of Sangat, District Bathinda and Avtar Singh son of name not known resident of address not known and under a well-planned criminal conspiracy has kidnapped my brother and has kept him at any undisclosed location. Necessary legal action be taken against them." 3.
As per the allegations in FIR, deceased Bakhtaur Singh (brother
CRM-M-20726-2026 -3of complainant), had given an amount of Rs.10 lacs to the petitionerGurpreet Kaur and both of them use to talk very openly on their mobile phones Bakhtaur Singh's mobile phone numbers 9417772945, 9852698525 and 7627861460, and mobile phone numbers of petitioner-Gurpreet Kaur are 7814646889 and 7986025617.
4.
Gurpreet Kaur was annoyed on the repeated demand of amount of Rs.10 lacs and thereupon with the help of Jora Singh, Sikandar Singh @ Chiti and Avtar Singh kidnapped Bakhtaur Singh, and subsequently, after giving beatings threw him in canal from where his dead body was recovered. 5.
Learned counsel argued that except of barred allegation in FIR by the complainant of giving an amount of Rs.10 lacs to petitioner-Gurpreet Kaur, there is no prior history in regard to any money transaction, made by the deceased to the petitioner. Deceased- Bakhtaur Singh was Sewadar at Dera Baba Ram Singh and petitioner alongwith her family members used to visit the Dera from time to time.
6.
Learned counsel for the petitioner contends that only on the basis of doubt, instant case has got registered against the petitioner and other co-accused, though there is no direct evidence available with the prosecution. Further argues that the incident in question took place on 23.12.2024 and FIR was registered on 31.12.2024 i.e. after the delay of 08 days.
7.
Learned counsel for the petitioner further argued that the petitioner has been in custody since 20.01.2025 in connection with the alleged offence. Thus, in the given facts & circumstances, learned counsel seeks concession of regular bail to the petitioner.
CRM-M-20726-2026 -48.
On the other hand, learned State counsel has filed the custody certificate dated 01.07.2026, in Court today, which is taken on record. Office to tag the same at appropriate place.
A copy thereof has been handed over to the counsel for the petitioner.
9.
Learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, submits that the petitioner is the main accused in the present case and who has received the amount and also planned for the kidnapping of the deceased alongwith other co-accused. Even the statement of now projected eye witness Jaspreet Kaur was recorded on 06.01.2025 under Section 161 Cr.P.C (180 of BNSS) to the effect that it was petitioner and other co-accused who was given the merciless beatings to the deceased, after taking away of his scooty. Besides, there is another person eye witness namely, Pushpa, whose statement under Section 161 Cr.P.C was recorded on 14.01.2025, both the alleged eye witnesses are yet to appear before the Court to depose the case as witnesses.
Thus, it is argued that the petitioner does not deserve the concession of regular bail.
11.
Heard learned counsel for the parties. The present petitionerGurpreet Kaur is a woman and inside the jail since 26.01.2025 i.e. for the last more than a period of one year, five months and five days. Moreover, petitioner has no criminal antecedents and conclusion of trail is likely to consume considerable period.
Woman, who is accused in criminal cases has been given some
CRM-M-20726-2026 -5liberty in the matter of bails in comparison to the male members under proviso of Section 480 (1) of BNSS.
Investigation, qua the petitioner, stands completed and no useful purpose would be served by keeping him in further judicial custody. 13.
Accordingly, without commenting upon the merits of the case and taking into consideration the overall facts and circumstances, this Court deems it appropriate to grant concession of regular bail to the petitioner. 14.
Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.
15.
Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.
16.
The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.
17.
Petition stands disposed of.
Misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE July 01, 2026 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No