Research › Search › Judgment

High Court of Punjab and Haryana · body

2019 DAILYLAW 3723 (PNJ)

RACHPAL KAUR ALIAS RACHHPAL KAUR v. STATE OF PUNJAB

CRM-M/72907/2025 · 2026-02-09

Manisha Batra

body2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-72907- IN THE H (218) RACHPAL KAU STATE OF PUNJ CORAM: HON Present: Mr. Ms. S Mr. D MANISHA BATR 1. The 482 of Bharatiya N of anticipatory b registered under S Ludhiana. 2. The complaint filed by Singh was married 30.03.2019. It wa would be sent to Singh. It was als -2025 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH KAUR @ RACHHPAL KAUR Versus PUNJAB HON'BLE MRS. JUSTICE MANIS Abdul Aziz, Advocate for the pet Ms. Sakshi Bakshi, AAG, Punjab Mr. Damanjit Singh Sandhu, Advocat ****  BATRA, J. (ORAL) The instant petition has been filed atiya Nagarik Suraksha Sanhita, 2023 tory bail in case arising out of FI nder Sections 420 and 406 of IPC at The aforementioned FIR has been reg iled by the complainant Kuljit Singh a arried with one Jashanjot Kaur daugh t was agreed that Jashanjot Kaur had ent to Canada and all the expenses w as also agreed that son of the comp JAB AND HARYANA AT ARH CRM-M-72907-2025 (O&M) Date of decision : 09.02.2026 ... Petitioner ...Respondent ANISHA BATRA  the petitioner dvocate for the complainant by the petitioner under Section , 2023 (for short “BNSS”) for grant of FIR No.132 dated 20.10.2025 C at Police Station Raikot, District een registered on the basis of written ingh alleging that his son Harmanjot daughter of the present petitioner on aur had cleared IELTS exam and she nses would be borne by Harmanjot complainant would also be settling M) 2026 oner dent ction grant 2025 strict ritten anjot er on d she anjot ttling AMIT SHARMA 2026.02.10 14:03 I attest to the accuracy and integrity of this order/judgment. CRM-M-72907- abroad with the da spent by the famil for issuance of stu gone to Canada o when she had com Thereafter, she kep and did not sent th the son of the com family members, intent to cheat him petitioner actively complainant praye investigation proc her arrest, the peti has been dismissed vide order dated 0 3. It is falsely implicated cheating and crim In fact, the compl her daughter cont spouse visa was be by the son of the approved subseque -2025 (O&M) 2 the daughter of the petitioner. An am family of the complainant for the pu of study visa for Jashanjot Kaur and ada on 17.07.2018 and marriage had ad come back for short duration. S she kept on asking for sending money sent the requisite documents for apply complainant. In connivance with th bers, Jashanjot Kaur duped the comp eat him and not settle his son abroad w ely connived with her daughter an t prayed for taking action in the matt n proceedings have been initiated and e petitioner filed an application for gr missed by the Court of learned Additi ated 03.12.2025. It is argued by learned counsel for th icated in this case. The ingredients d criminal breach of trust have not be complainant himself had told the peti r continue study in the college in C was being issued at the relevant time. of the complainant previously had a bsequently. The son of the complaina An amount of Rs.75 lakhs had been the purpose of making arrangements ur and settling her abroad. She had ge had taken place in March, 2019, on. She went back in April, 2019. oney by the complainant, his family pplying for issuance of the visa by with the present petitioner and other complainant of his money with an road with her. It is alleged that the ter and other family members. The e matter. After registration of FIR, d and are underway. Apprehending for grant of anticipatory bail, which Additional Sessions Judge, Ludhiana l for the petitioner that she has been ients for commission of offences of not been attracted at all against her. he petitioner and her daughter to let in Canada as it was clear that no time. The spouse visa as applied for had already been rejected. It was plainant had even left for Canada on been ents had 019, 019. mily sa by other th an t the The FIR, ding hich iana been es of . to let t no d for was a on AMIT SHARMA 2026.02.10 14:03 I attest to the accuracy and integrity of this order/judgment. CRM-M-72907- 07.07.2024. How son of the comp returned back to In family members h the son of the c transferred in the any transaction. S is not required. N that the petition de 4. Status learned counsel fo against the petitio involved in some family members w huge amount of recovery of the sa as her husband an of their apprehens does not deserve to 5. This counsel for the par 6. The p members is allege his son and in pur -2025 (O&M) 3 However, it was on account of mat complainant and daughter of the p k to India and there is no material to bers had any dishonest intention since the complainant to abroad. No m in the bank account of the petitioner ion. She is ready to join investigatio red. No recovery is to be effected fro tion deserves to be allowed. Status report has been filed. Lea nsel for the complainant has argued th petitioner and the co-accused. The some other relationship. The intent bers was not bona fide since the very nt of money has been caused to the the said money, custodial interrogatio nd and daughter both are residing ab rehension or joining investigation. It is erve to be allowed. This Court has heard the rival subm the parties at considerable length. The petitioner in connivance with h alleged to have hatched a conspiracy in pursuance of that criminal conspir of matrimonial discord between the the petitioner that the former had to show that the petitioner or her since the very beginning to not take No money whatsoever had been ioner. She is not the beneficiary of tigation. Her custodial interrogation ted from her. It is, therefore, argued Learned State counsel assisted by ued that there are serious allegations The daughter of the petitioner is intention of the petitioner and her e very inception. Wrongful loss of to the complainant. For effecting rogation of the petitioner is required ing abroad and there are no chances . It is, thus, argued that the petition l submissions made by the learned with her daughter and other family piracy to cheat the complainant and onspiracy, he was allegedly induced n the had r her take been ry of ation gued d by tions er is her ss of cting uired nces tition rned mily t and uced AMIT SHARMA 2026.02.10 14:03 I attest to the accuracy and integrity of this order/judgment. CRM-M-72907- to perform marria assurance that his the daughter of the the complainant th petitioner. It has son of the compl Taking into consid the considered opi made out. Accord be admitted to ant surrender before t 10 days from tod subsequently, as a surety bonds to th also not tamper w any witness acqua leave the country permission from t No., Passport No Court and shall al Section 482(2) of 7. In the petitioner, it shal application seekin -2025 (O&M) 4 marriage of his son with the daugh at his son would be settled abroad, i r of the petitioner were borne by him. nant that any money had been transfer It has also come on record that the vi complainant and he even went abroa consideration the circumstances pecul ed opinion that no case for custodial in Accordingly, the petition is allowed a to anticipatory bail subject to the con efore the Investigating Officer/Arresti today and shall join investigation as and when required and subject to s to the satisfaction of the Investigati per with any evidence, will not pressu acquainted with the facts and circum untry during investigation and trial of from the trial Court, shall disclose th rt No., cellphone No., while furnish hall also abide by all the terms and c (2) of BNSS. In the event of there being any FIR t shall be open to the respondent to seeking cancellation of bail. daughter of the petitioner with the road, if all the expenses for sending him. It is, however, not the case of ransferred to the bank account of the the visa was issued in favour of the abroad but then returned to India. peculiar to the case, this Court is of dial interrogation of the petitioner is wed and the petitioner is ordered to he condition that the petitioner shall Arresting Officer within a period of igation within that period and also to furnishing personal as well as stigating/Arresting Officer. She will pressurize, induce, extend threats to umstances of the case, will not trial of the case except after seeking lose the details of her Aadhar Card furnishing bond to the learned trial s and conditions as envisaged under y FIR/complaint lodged against the ent to seek redressal by filing an the ding se of f the f the ndia. is of er is ed to shall d of also ell as will ts to l not king Card l nder the an AMIT SHARMA 2026.02.10 14:03 I attest to the accuracy and integrity of this order/judgment. CRM-M-72907- 8. It is, shall not be constr shall not influence 9. Since any, is rendered in 09.02.2026 Amit Sharma    -2025 (O&M) 5 It is, however, clarified that the ob construed as an expression of opinion luence the outcome of the trial. Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes    the observations made hereinabove pinion on the merits of the case and allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No  bove and n, if AMIT SHARMA 2026.02.10 14:03 I attest to the accuracy and integrity of this order/judgment.