High CourtsSingle Bench

Ramandeep Kaur vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 7 March 2025 · Citation: (2025) 03 P&H CK 1418

HON’BLE JUDGES
Manish Batra, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 318(4), 319, 336(2), 340, 61(2) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482, 482(2)
RESULT
Allowed
CASE NUMBER
CRM-M No.5861
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Judgment

14 paragraphs · 763 words

Manish Batra, J

1.

Thhe present petition has been fileed by the petitioner for grant of anticipatory baiil in case FIR No.02 dated 03.011.2025 registered under Sections 319, 318(4), 336(2), 340 and 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short-‘BNS’), at Police Station Navi Baraadari, Police Commissionerate Jalandhar.

2.

Viide order dated 31.01.2025, passsed by this Court, the petitioners were released on interim bail and were directed to join investigation. Order dated 31.01.20225, passed by this Court, reads as under:

“The present petition has been filed under Section 482 of Bhharatiya Nagarik Suraksha Sanhhita, 2023 (for short-‘BNSS’) by thee petitioner for grant of anticipaatory bail in case arising out of FIR No.02 dated 03.01.2025 reegistered under Sections 319, 318(4), 336(2), 340 and 61(2) of Bharatiya Nyaya Sanhita, 2023 (foor short-‘BNS’), at Police Station Navi Baradari, Police Coommissionerate Jalandhar.

The aforementioned FIR has been registered on the basis of thee order passed by the Court of learned Judicial Magistrate Ist Class, Jalandhar in case bearingg No. CRM-32314-2024 to the efffect that an application for acceeptance of Sapurdari bonds qua rellease of one Creta Car bearing registration No. PB07-CE-6006 waas filed by the present petitioner before the aforesaid Court in compliance of order dated 30.11.2024 whereby, the afoorementioned vehicle was orderred to be released. Personal as weell as surety bonds were furnishhed by the petitioner who is the reggistered owner of the abovemenntioned vehicle. On checking the surety bonds, it was found that the surety bonds were furnished by one Ram Sarup and he was identiified as such by one Sukhwidner Sinngh. However, it was revealed on checking that the same surety had previously been furnished byy claiming his name as Karma and he was identified by one Vishhal. As efforts had been made to cheat the Court, therefore, actionn was ordered to be taken. The petitioner has also been nomminated as an accused. The invvestigation against her is underrway. Apprehending her arrest,, she moved an application for prre arrest bail which had been dissmissed vide order dated 20.01.2025.

It is argued by learned couunsel for the petitioner that she has been falsely implicated in this case. She is an illiterate female whho did not know about the commplication of the law. She was reggistered owner of the vehicle whhich was involved in some other case and had been ordered to be released on sapurdari. She had been induced by one Sindhi @ Chacha on the name of getting her vehicle released. She had moved an application for release of the same after three months after it had been taken into custody. The abovenamed Sindhi @ Chacha had introduced her with one Advocate Saini who had furnished surety for release of the vehicle. She has not hand in the conspiracy so hatched by the abovementioned Advocate. She is ready to join the investigation. Heer custodial interrogation is nott required. No recovery is to be efffected from her. Therefore, it iss urged that she deserves to be extended benefit of pre arrest bail.

Notice of motion.

Learned State counsel who has appeared on advance notice of the petition, seeks time to file staatus report in the matter.

Adjourned to 07.03.2025.

In the meantime, the petitioner is directed to appear before thee Investigating/Arresting Officer to join investigation within one weeek or as and when subsequenntly required thereafter. In the event of her arrest, the Investiigating/Arresting Officer shall rellease the petitioner on ad-innterim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

It would, however, be open to the learned State counsel to filee a reply indicating the involvement of the petitioner and all aspects would be considered at the time of final adjudication of thee matter.”

3.

Sttatus report dated 04.03.2025 fileed on behalf of respondent-State is taken on recoord.

4.

Leearned State counsel, on instructions from the Investigating Officer, has submitted that the petitioner has joined investigation on 08.02.2025. Thhough, it is mentioned in the status report that the custodial investigation off the petitioner is required for conducting further investigation. The Investigating Officer- ASI Dilbagh Singh who is present in the Court, has not been able to explain as to for what further investigation of the petitioner is required.

5.

Keeeping in view the above menttioned facts and circumstances, without commeenting on the merits of the case, the present petition is allowed and the order dated 31.01.2025, granting interim bail to the petitioner, is made absolute, subjeect to compliance of usual termms and conditions requisite for grant of anticipatory bail.