Jasvir Kaur @ Kirandeep Kaur Kirna @ Kaley v. State Of Punjab

206 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-42246-2021 Date of decision:23.12.2021 Jasvir Kaur @ Kirandeep Kaur Kirna @ Kaley ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. A.S.Sekhon, Advocate for the petitioner.

Ms. Bhavna Gupta, DAG, Punjab.

**** MANJARI NEHRU KAUL , J. (ORAL) Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.52 dated 15.05.2021 lodged under Sections 363/366-A IPC (Sections 376/120-B IPC and Section 3/4 of POCSO Act added later on) registered at Police Station Bajakhana District Faridkot.

At the outset, while inviting the attention of this Court to FIR in question learned counsel for the petitioner submits that a perusal of the contents of the FIR clearly reveals that neither the petitioner has been named nor any role attributed to her. He further submits that the petitioner is the maternal aunt of the main accused Gurdeep Singh, who allegedly enticed away the victim, aged 171⁄2 years. He still further submits that the only allegation levelled against the petitioner is that she gave her tacit support to her nephew when he alongwith the victim came to her house and stayed for five days. It has also been submitted that the victim had not supported the case of prosecution during her examination before the trial Court, as a result of which she was declared hostile. A prayer, therefore, SONIA BURA 2021.12.23 18:17 I attest to the accuracy and integrity of this document chandigarh

CRM-M-42246-2021 -2has been made to extend the concession of bail to the petitioner, who has been in custody since 14.06.2021 and her further incarceration would not serve any useful purpose.

Per contra, learned State counsel while opposing the prayer made by counsel opposite on instructions from ASI Balraj Singh has not been able to controvert the role attributed to the petitioner in the crime in question. She however submits that as per instructions received, the examination of the prosecutrix has not yet concluded. Heard learned counsel and perused the material available on record.

In the facts and circumstances of the case as enumerated hereinabove coupled with the submissions made with respect to the alleged role of the petitioner, the present petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

23.12.2021 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONIA BURA 2021.12.23 18:17 I attest to the accuracy and integrity of this document chandigarh