Paramjit Kaur @ Reeta v. State Of Punjab

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-2- [3] Learned counsel for the petitioner contended that apart from the bald statement of the mother of the prosecutrix in the FIR, there is no other allegations against the petitioner. As per the status report dated 28.09.2023 submitted by way of an affidavit of Sh. Kanwalpreet Singh, P.P.S. Deputy Superintendent of Police, Sub-Division Majitha, Amritsar (Rural), during the investigation of this case, the petitioner was not found involved on the basis of evidence collected till 06.06.2023 and she was proposed to be declared innocent, vide GD No. 30, dated 06.06.2023 recorded at Police Station Majitha, District Amritsar (Rural). [4] While referring the status report filed by way of an affidavit of Kanwalpreet Singh, the learned State counsel submitted that the present FIR was registered on the basis of the statement of the mother of the prosecutrix.

[5] The main accused has been arrested and as per the FIR, the only allegations against the petitioner are that mother of Husanpreet Singh, namely Reeta, is also involved in this connection. There are no specific allegations against the petitioner aiding her son for taking away the minor prosecutrix. The prosecutrix is not alleged to have stayed in the house of the petitioner. Even the prosecutrix is not alleged to have made any allegations against the petitioner in her statement recorded under Section 164 Cr.P.C. As per the status report, dated 07.11.2023 which was filed by the State by way of an affidavit of Sh. Kanwalpreet Singh, P.P.S. Deputy Superintendent of Police, Sub-Division Majitha, Amritsar (Rural), the statement of the prosecutrix was recorded by the Judicial Magistrate Ist

-3Class, Amritsar, under Section 164 Cr.P.C. Even as per the said statement contents of which are mentioned in paragraph No. 5 of the status report, she has not levelled any allegations against the petitioner. In paragraph No. 6 of the said status report, it is contended that the prosecutrix has reiterated the similar facts in the statement recorded on 06.06.2023 under Section 161 Cr.P.C. No doubt the petitioner is a minor and there are allegations of sexual assault by the co-accused but keeping in view the peculiar circumstances that there are no specific allegations against the petitioner and the petitioner is a woman, it is a fit case where the benefit of pre-arrest bail can be granted to the petitioner. [6] Consequently, the present petition is allowed, subject to the following conditions:- :

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-4- [7] It is also made clear that if the petitioner does not comply with the aforesaid conditions, the State would be at liberty to file an appropriate application/petition for cancellation of the present order. &"

 

 

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