Meena Kumari Alias Meena Rani v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-61640-2024 (O&M) Date of Decision:-12.12.2024 Meena Kumari alias Meena Rani ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kulwinder Singh, Advocate, for the petitioner.

Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.

***** FIR No.

Dated Police Station Under Section/s 22.6.2024 City Jagraon, District Ludhiana Rural 67 of Information Technology Act, 2000 and Section 509 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The allegations, in nutshell, are that the petitioner with the help of the mobile phone used by her had posted obscene photographs of the complainant on social media.

3.

Learned counsel for the petitioner submitted that it is highly unlikely that the petitioner, who herself is a lady, would have posted any such photographs on social media and that, in any case, the SIM card allegedly used for commission of offence was never issued in the name of the petitioner. GEETA RANI 2024.12.13 13:47 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-61640-2024 (O&M) ( 2 ) 4.

Opposing the petition, learned State counsel submitted that the SIM card was found inserted in the mobile phone recovered from the petitioner and, as such, it is apparent that she had been using the SIM card in question which had been issued in the name of co-accused Manpreet, who is infact live-in partner of the petitioner. Learned State counsel informed that the petitioner as on date has been behind bars since the last about 5 months and 2 days and is otherwise not involved in any other case. It has also been informed that charges are yet to be framed and as many as 7 PWs have been cited. 5.

This Court has considered rival submissions addressed before this Court. 6.

Without commenting anything as regards merits of the case, but having regard to the fact that the petitioner is a lady and has a clean record and has been behind bars since the last more than 5 months and the trial has not even commenced till date and as many as 7 PWs have been cited, further detention of the petitioner would not serve any useful purpose as conclusion of trial is likely to consume time.

7.

The instant petition, as such, is accepted and the petitioner is ordered to be released on regular bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

12.12.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2024.12.13 13:47 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh