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High Court of Punjab and HaryanaCRM-M/58309/2024disposed of

Rajbir Kaur v. State Of Punjab

2025-01-22Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.58309 of 2024 (O&M) Date of decision: 22.01.2025 Rajbir Kaur ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. B.S. Jaswal, Advocate and Ms. Rupinder Kaur Thind, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of anticipatory bail to the petitioners in FIR No.183 dated 02.10.2024 registered under Sections 420 and 120-B IPC at Police Station Beas, District Amritsar. 2.

Brief facts of the case are that the petitioner alongwith her husband Harpreet Singh alias Happy had cheated the complainant on the pretext of getting a job for her son and daughter in the Railway Department and received an amount of Rs.14 Lakh in different amounts on different dates from the complainant.

3.

Learned counsel for the petitioner inter alia contends that in fact the complainant was pressurizing the husband of the petitioner to perform marriage and the petitioner came to know about it when the

name of her husband was incorporated in Aadhar Card of the complainant and he relies upon the photographs (Annexure P-2). He further submits that the petitioner is a household lady and she has been falsely implicated in the FIR (supra) and the offence under which the FIR (supra) has been registered is punishable upto 07 years and the petitioner is having clean antecedents and she is not involved in any other case. Lastly, learned counsel for the petitioner submits that in view of the allegations contained in the FIR (supra), the custodial interrogation of the petitioner is not required. 5.

Learned State counsel has filed status report by way of affidavit of Deputy Superintendent of Police, Sub-Division Baba Bakala Sahib, Amritsar (Rural), today in the Court and could not controvert the fact that the petitioner is not involved in any other case and is having clean antecedents.

6.

I have heard learned counsel for the parties and perused the record of the case with their able assistance. 7.

Keeping in view the facts and circumstances of the case and the fact that the petitioner is not involved in any other case, the present petition is allowed and the petitioner is directed to appear before the Investigating Officer within a period of two weeks from today and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioner will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioner shall cooperate with the investigation/Arresting Officer

and abide by the conditions as provided under Section 482(2) of BNSS [erstwhile Section 438(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')] 8.

If the Arresting Officer does not permit the petitioner to join the investigation, she would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct her to join the investigation, in terms of the order of this Court. 9.

Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law. (HARPREET SINGH BRAR) JUDGE 22.01.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No