Raj Rani v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- 07.11.2024 Raj Rani

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Ritesh Pandey, Advocate for the petitioner. Mr. Anup Singh, AAG, Punjab.

Mr. Bikramjit Singh Baath, Advocate for the complainant. *** SUMEET GOEL , J.

(Oral) 1.

This petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 47 dated 18.05.2024, registered for offences under Section 366 of the IPC and Sections 306, 120-B of IPC added later on , at Police Station Dera Baba Nanak, District Batala. 2.

On 20.09.2024, the following order was passed:- "Status report, by way of affidavit of Preet Inder Singh, PPS, Deputy Superintendent of Police, Sub Division Dera Baba Nanak, Police District Batala, District Gurdaspur has been filed by learned State counsel in the Court today and the same is taken on record. A copy thereof has been furnished to the learned counsel for the petitioner as also learned counsel for the complainant.

Learned counsel for the petitioner, inter alia contends that the petitioner is a lady aged about 66 years; the son of the petitioner, namely, Ajay Kumar (who is in custody) had eloped away with the victim; both the victim and the son of the petitioner, namely, Ajay

Kumar had consumed poison on account of which the victim passed away and thus there is no culpability against the present petitioner except for allegations against her that she spoke bad words to the man and the woman after they came to her after performing marriage; no effective recovery is to be made from the petitioner & the petitioner is willing to join investigation and cooperate therein. Adjourned to 07.11.2024.

The petitioner is directed to appear before the Investigating Officer on 25.09.2024 at 11:00 A.M. in concerned Police Station and join investigation.

In the event of arrest, the petitioner shall be released on interim bail subject to her furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the petitioner shall join the investigation. She shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023." 3.

Learned State counsel, on instructions from ASI Jobanjeet Singh, has stated that pursuant to the order dated 20.09.2024, the petitioner has joined investigation and is no longer required for custodial interrogation. 4.

Learned counsel for the complainant has vehemently opposed the grant of anticipatory bail to the petitioner by arguing that the allegations made against the petitioner are serious in nature and hence anticipatory bail ought not to be granted to the petitioner. He has further iterated that in case the petitioner is released on anticipatory bail she might influence the investigation as also intimidate the witnesses.

5.

Keeping in view the entirety of facts and circumstances of the case, especially the factum of petitioner having joined investigation and not being required for custodial interrogation, the present petition stands allowed and the interim order dated 20.09.2024 passed by this Court is made

absolute, subject to the conditions as enumerated under Section 482(2) of BNSS, 2023.

6.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS, 2023 or upon showing any other sufficient cause.

8.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 07.11.2024 P.Singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No