Balwinder Kaur v. State Of Haryana
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on: 19.02.2026 BALWINDER KAUR ......Petitioner
Versus
STATE OF HARYANA ......Respondent
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH
Present:
Mr. L.S. Sekhon, Advocate, for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
**** SANJAY VASHISTH, J.
1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner FIR No.
Date Section(s) Police Station District (s) Balwinder Kaur, aged about 35 years 27.04.2025 21-C, 27-A and 29 of NDPS Act Sadar Sirsa Sirsa 2.
On 08.12.2025, following order was passed:- "1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
Name & age of Petitioner FIR No.
Date Section(s) Police Station District (s) Balwinder Kaur, aged about 35 years 27.04.2025 21-C, 27-A and 29 of NDPS Act Sadar Sirsa Sirsa 2.
Learned counsel for the petitioner inter alia contends, that main accused, Gurpreet Singh, was initially trapped on the basis of secret information, and 450.9 grams of heroin was recovered from a black polythene bag in his possession. During investigation, Gurpreet Singh disclosed the name of another accused, Paramjit Kaur, alleging that she had accompanied him to collect the contraband from one Neelam Rani. It is argued that the investigating agency thereafter, concocted a story by asserting that petitioner namely Balwinder Kaur, and Paramjit Kaur are one and the same person.
3.
Counsel for the petitioner submits that, the allegations are wholly baseless and false, as petitioner is a 35-year-old housewife with no criminal involvement. Moreover, there is no allegation that she ever purchased any contraband from the alleged supplier, Neelam Rani. Thus, it was only Gurpreet Singh who allegedly procured the recovered heroin, and petitioner cannot be held liable for any offence arising therefrom. Moreover, petitioner is ready to join the investigation and fully cooperate, if protected from arrest by this Court. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.
4.
Notice of motion.
On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts in appearance on behalf of the respondent - State, and seeks some time to file status report in the matter.
6.
Adjourned to 19.02.2026.
7.
Meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad-interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
8.
Besides, it is directed that petitioner would hand over her passport to the Investigating
Agency or to Court concerned, if she possesses. Otherwise, would submit an affidavit, disclosing the fact that she does not possess any passport.
It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court."
3.
Continuing his submissions, learned counsel for the petitioner contends that in compliance of the order dated 08.12.2025, passed by this Court, petitioner has joined the investigation, and has fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order.
4.
On the other hand, learned State counsel has filed status report dated 13.02.2026 (wrongly written as 19.02.2026 as per learned State counsel), along with the pen drive, which is ordered to be taken on record.
Registry is directed to keep the pen drive enclosed with the status report, in a secured place, so that the same would not get misplaced.
Learned State counsel on instructions from SI Ajeet Singh, confirms the said averment made by counsel for the petitioner of joining the investigation on 25.12.2025 by the petitioner, and submits that as of now, custodial interrogation of the petitioner is not required for the purpose of investigation. However, he refers to paragraph No.10 of the status report, which is reproduced here under:- "10.
That in compliance of interim order dated 08.12.2025, passed by this Hon'ble High Court in CRM-M-68715-2025, petitioner/accused, Paramjit Kaur @ Balwinder Kaur @ Pammi wife of Jagsir Singh, resident of village Sherpur, Tehsil and District Sangrur was joined in investigation in the case on 25.12.2025 and was formally arrested in this case.
During investigation on 25.12.2025, petitioner/accused Paramjit Kaur @ Balwinder Kaur @ Pammi suffered disclosure statement admitting her involvement in the commission of crime alongwith co-accused and got demarcated the place from where she alongwith co-accused Gurpreet Singh had bought the recovered contraband from co-accused Jaswant Singh, in accordance with her disclosure statement. After investigation, the petitioner/accused Paramjit Kaur @ Balwinder Kaur @ Pammi was released on interim bail forthwith, in compliance of orders of this Hon'ble High Court. Copy of disclosure statement of petitioner/accused Paramjit Kaur @ Balwinder Kaur @ Pammi is annexed herewith as Annexure R-4." Heard learned counsel for the parties.
6.
Since, petitioner has already joined the investigation and custodial interrogation is no more required; ad-interim bail order dated 08.12.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed.
However, petitioner shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 7.
Accordingly, petition stands disposed of.
However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if she possesses, within a period of one week from today. Otherwise, she would submit an affidavit, disclosing the fact that she does not possess any passport.
It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. (SANJAY VASHISTH) JUDGE 19.02.2026 Lavisha Whether Speaking/Reasoned:
YES/NO Whether Reportable:
YES/NO