Karamjit Kaur v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 25.02.2026 KARAMJIT KAUR ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. Hitesh Verma, Advocate, for the petitioner. Ms. Gagandeep Kaur, DAG, Punjab.

**** AMAN CHAUDHARY, J. (Oral) 1.

The present petition has been filed under Section 482 BNSS, 2023, for grant of anticipatory bail to the petitioner in case FIR No.15 dated 22.03.2025, registered under Sections 318(4), 319, 338, 336(2), 340, 61(2), 62 of BNS, 2023, at Police Station Bhadaur, District Barnala. 2.

On 21.07.2025 and 24.12.2025, this Court had passed the following orders:- "Prayer in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), is for grant of anticipatory bail to the petitioner in FIR No.15 dated 22.03.2025, registered under Sections 318(4), 319, 338, 336(2), 340, 61(2), 62 of BNS, 2023, at Police Station Bhadaur, District Barnala.

Learned counsel for the petitioner inter alia contends that the petitioner is not the beneficiary of the alleged transaction. No money whatsoever was either paid to the petitioner or has been credited in her bank account. The petitioner has been allured by the co-accused Balwant Singh, on the pretext of getting the loan approved in her favour for the treatment of her mother, who was lying admitted in Moga Medicity Superspeciality Hospital in critical condition. The entire case of the prosecution is based upon documentary evidence, which is already in possession of the investigating officer. The petitioner is a household lady, having clean antecedents.

Adjourned to 22.08.2025.

In the meantime, keeping in view the law enunciated by the Hon'ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and Sushila Aggarwal

-2Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioner is directed to appear before the Investigating Officer within two weeks from today and on doing so or in the event of arrest, the petitioner shall be admitted to interim bail on furnishing of bail/surety bond to the satisfaction of the Investigating/Arresting Officer.

The petitioner shall cooperate with the Investigating/Arresting Officer and abide by the conditions as provided under Section 482 (2) of BNSS.

If the Investigating/Arresting Officer does not permit the petitioner to join the investigation, the petitioner would appear before the Illaqa Magistrate, who would then summon the Investigating/Arresting Officer and direct him to join the petitioner in investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and the trial Court shall proceed without being prejudiced by observations of this Court." "Learned State counsel on instructions submits that though the petitioner has joined investigation, however, is not cooperating as Aadhar card used by her in the transaction has not been handed over, to which her learned counsel on instructions states that she shall join investigation again and submit the same as also cooperate with the investigating agency.

The petitioner is directed to join the investigation again on or before 08.01.2026.

However, it is clarified that if the petitioner does not join and cooperate with the Investigating Agency as required by the Arresting/Investigating Officer, the interim order shall be deemed to have been vacated.

Adjourned to 25.02.2026.

Interim order to continue till the next date of hearing." 3.

Learned counsel submits that petitioner is not the beneficiary as it is the main accused Balwant Singh who had transferred the plot in favour of his son Shivpreet Singh by showing the Aadhar card of the complainant by producing the petitioner in place of her and has since been granted regular bail as also Sukhcharan Singh, marginal witness while Sukhev Singh who was named in the FIR anticipatory bail. In pursuance of the afore-mentioned orders, the petitioner has not only joined investigation but also fully cooperated with the investigating agency. He further submits that in case the investigating agency requires the petitioner to appear, she shall make herself available without demur. 4.

Learned State counsel on instructions from the investigating officer affirms the factum of joining the investigation by the petitioner and cooperating with the investigating agency. She also submits that at this stage, the petitioner is not required for further custodial interrogation.

-35.

In view of the above and without expressing any opinion on the merits of the case, anticipatory bail petition filed by the petitioner is allowed and the orders dated 21.07.2025 and 24.12.2025 granting interim bail to her, are hereby made absolute, subject to compliance of conditions as specified under Section 482(2) of BNSS, 2023.

6.

However, it is made clear that if the petitioner fails to join and cooperate with the investigating agency as and when required, the State would be at liberty to move an application for cancellation of the present anticipatory bail granted to her.

(AMAN CHAUDHARY) 25.02.2026 JUDGE ashok Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No