Amandeep Kaur @ Aman v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 7th February, 2022 Amandeep Kaur @ Aman

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Sharnav Katyal, Advocate, for the petitioner. Mr. Amit Mehta, Sr. Deputy Advocate General, Punjab. AVNEESH JHINGAN, J. (Oral) 1.

Due to COVID-19 situation, the Court is convened through video conference.

2.

This petition is filed for grant of regular bail to the petitioner in FIR No. 20, dated 4th March, 2021, under Sections 302 and 120-B IPC, registered at Police Station Badhni Kalan, District Moga. 3.

The FIR was registered initially against Amarjit Singh @ Bhinnu on the statement of Gurjant Singh. It was alleged that on 15th February, 2021, Amarjit Singh came to the house of the complainant Gurjant Singh and took away his son Nachhattar Singh @ Kana. Subsequently, Amarjit Singh returned to the village but son of the complainant never returned. On 18th February, 2021, complainant gained knowledge that his son was admitted in Guru Gobind Singh Medical College and Hospital, Faridkot. It was informed by the hospital authorities that his son was admitted with head injuries. Son of the complainant succumbed to the

injuries on 25th February, 2021. As per the case set up, Amarjit Singh was having illicit relations with Amandeep Kaur (petitioner) and son of the complainant used to visit house of Amandeep Kaur. Amarjit Singh had suspicion that son of the complainant was having illicit relations with Amandeep Kaur. The petitioner was nominated during investigation and the role attributed is that she got recovered blood stained shirt and Pajama of Amarjit Singh, handed over to her by Amarjit Singh for disposal. 4.

Learned counsel for the petitioner submits that the petitioner is in custody since 4th April, 2021. She was not named in the FIR. There are no allegations of her active participation in the alleged murder of Nachhattar Singh. The challan has been presented. No recovery is to be made from the petitioner.

5.

Learned State counsel opposes the prayer and submits that the petitioner was in-connivance with Amarjit Singh. She got recovered blood stained shirt and Pajama of Amarjit Singh. He submits that the petitioner is involved in one more case. He further informs that five material witnesses have already been examined.

6.

Merely because the petitioner is involved in another case, cannot be a ground to deny her personal liberty. Without commenting upon the merits of the case, taking into considering the allegations against the petitioner and gravity of offence, as also that the investigation is complete and conclusion of trial is likely to take time, the petitioner is granted bail in the present FIR, subject to her furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.

7.

The petition is allowed.

8.

It is clarified that observations made here-in-above shall not be construed as an expression of opinion on the merits of the case. (AVNEESH JHINGAN) JUDGE 7th February, 2022 Pkapoor Whether Speaking/Reasoned:

YES/NO Whether Reportable:

YES/NO