CRM-M IN THE HIGH COURT OF PUNJAB & HARYANA AT (115) KHUSHPREET KAUR STATE OF CORAM: HON'BLE Present: KIRTI SINGH CRM-122 is taken on record subject to all just MAIN CASE 1. has been invoked for grant of regular bail to the petitioner in case FIR No.0255 dated 64, 61(2) of BNS, 2023 registered at Police Station 2. M-73773-2025(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of Decision: KHUSHPREET KAUR Versus STATE OF PUNJAB CORAM: HON'BLE MS. JUSTICE KIRTI S Mr. Munish Garg, Advocate for the petitioner. Ms. Guramrit Kaur, DAG, Punjab. **** KIRTI SINGH, J. (ORAL) 12268-2026 Application is allowed and document annexed at Annexure P is taken on record subject to all just exceptions. MAIN CASE The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR dated 13.10.2024 under Sections 64, 61(2) of BNS, 2023 and Sections 5, 6/17 of POCSO Act added later on) registered at Police Station Sadar Mansa, The translated version of the FIR is reproduced below: “Copy of statement of Makhan Singh son of Ramjit Singh son of Santa Singh, resident o years, mobile No.97812-36312, stated that I am resident of the abovesaid address and I am doing the work of painting and I am contractor of the said work. I have two children. My elder girl is 17-1/2 years old whose date of bi one is Arshdeep Singh. Yesterday on 12.10.2024, I have gone to my work and my wife xxxxx - IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-73773-2025(O&M) Date of Decision: 16.04.2026 ......Petitioner Versus .....Respondent MS. JUSTICE KIRTI SINGH for the petitioner. AG, Punjab. Application is allowed and document annexed at Annexure P exceptions. The jurisdiction of this Court under Section 483 BNSS, 2023 has been invoked for grant of regular bail to the petitioner in case FIR under Sections 137 (2), 87 of BNS, 2023 (Section 5, 6/17 of POCSO Act added later on) , District Mansa. The translated version of the FIR is reproduced below:- Copy of statement of Makhan Singh son of Ramjit Singh son of Santa Singh, resident of Khokhar Khurd aged about 40 36312, stated that I am resident of the abovesaid address and I am doing the work of painting and I am contractor of the said work. I have two children. My elder girl is 1/2 years old whose date of birth is 04.04.2007. The youngest one is Arshdeep Singh. Yesterday on 12.10.2024, I have gone to xxxxx and my son had gone to Mansa at ......Petitioner .....Respondent Application is allowed and document annexed at Annexure P-12 , 2023 has been invoked for grant of regular bail to the petitioner in case FIR 137 (2), 87 of BNS, 2023 (Section 5, 6/17 of POCSO Act added later on), Copy of statement of Makhan Singh son of Ramjit Singh f Khokhar Khurd aged about 40 36312, stated that I am resident of the abovesaid address and I am doing the work of painting and I am contractor of the said work. I have two children. My elder girl is rth is 04.04.2007. The youngest one is Arshdeep Singh. Yesterday on 12.10.2024, I have gone to and my son had gone to Mansa at SWARNJIT SINGH 2026.04.16 16:38 I attest to the accuracy and integrity of this document CRM-M 3. been falsely implicated in the present case co-accused Harpreet Singh It is submitted tha petitioner. trial Court case of the prosecution solemnized that vide 26759-202 and Gursewak Singh @ Gagandeep S of regular actual custody of 01 year, 0 criminal case registered against h 4. submissions made by the learned counsel for the petitioner. the petitioner was actively involved in the commission of the offence. has filed the per custody certificate, the petitioner has undergone an actual custody of M-73773-2025(O&M) -2- 12:00 due to some domestic work. When at 2:30 PM my wife and my son reached back house then my daughter present in the house. regarding this my wife told me and I came back from my work. Then we started searching for the girl. Till now we are looking for the girl in the village and our relatives but the girl xxxxx was not found. Now we have fu some unknown person has enticed my girl on the pretext of solemnizing marriage with her. Legal action be taken against the persons who have enticed my daughter recorded statement, which is correct. Sd/ 13.10.2024” Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case accused Harpreet Singh in enticing the victim on the pretext of marriage It is submitted that there is no cogent petitioner. Moreover, the victim has been duly examined trial Court on 11.04.2025 (Annexure P-6) case of the prosecution and has turned hostile solemnized marriage with co-accused Harpreet Singh that vide common order dated 31.10.2025 passed by this Court in CRM 2025 and CRM-M-26763-2025, co and Gursewak Singh @ Gagandeep Singh regular bail. He submits that the petitioner has actual custody of 01 year, 05 months and criminal case registered against her. Per contra, learned State couns submissions made by the learned counsel for the petitioner. the petitioner was actively involved in the commission of the offence. the custody certificate in Court today per custody certificate, the petitioner has undergone an actual custody of - 12:00 due to some domestic work. When at 2:30 PM my wife and my son reached back house then my daughter xxxxx was not present in the house. regarding this my wife told me and I came back from my work. Then we started searching for the girl. Till now we are looking for the girl in the village and our relatives was not found. Now we have full faith that person has enticed my girl on the pretext of solemnizing marriage with her. Legal action be taken against the persons who have enticed my daughter xxxxx. I have got recorded statement, which is correct. Sd/- Makhan Singh. Dated: Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case on the allegation that he aided the victim on the pretext of marriage there is no cogent evidence on record against the victim has been duly examined before the learned 6), wherein she has not supported the turned hostile. In fact, she has even accused Harpreet Singh. It is further submitted .2025 passed by this Court in CRM- , co-accused Harpreet Singh @ Harry ingh have been granted the concession He submits that the petitioner has already undergone an months and 08 days and there is no other learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. She states that the petitioner was actively involved in the commission of the offence. She custody certificate in Court today which are taken on record. per custody certificate, the petitioner has undergone an actual custody of 12:00 due to some domestic work. When at 2:30 PM my wife was not present in the house. regarding this my wife told me and I came back from my work. Then we started searching for the girl. Till now we are looking for the girl in the village and our relatives ll faith that person has enticed my girl on the pretext of solemnizing marriage with her. Legal action be taken against the . I have got Makhan Singh. Dated: Learned counsel for the petitioner submits that petitioner has he aided the the victim on the pretext of marriage. on record against the before the learned has not supported the ct, she has even submitted -M- Harpreet Singh @ Harry been granted the concession undergone an days and there is no other vehemently opposed the states that She taken on record. As per custody certificate, the petitioner has undergone an actual custody of 01 SWARNJIT SINGH 2026.04.16 16:38 I attest to the accuracy and integrity of this document CRM-M year, 05 counsel submits that t a total of 2 in view of the serious allegations against the p the concession of regular bail. 5. parties. 6. observations passed by the Hon'ble Supreme Court in CBI, (2012) 1 SCC 40 7. that charges came to be framed on prosecution witnesses take a considerable time M-73773-2025(O&M) -3- months and 08 days. Investigation is complete. submits that the charges have been 25 prosecution witnesses, 03 have in view of the serious allegations against the p the concession of regular bail. Heard the rival submissions made by learned counsel for the Before proceeding, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in CBI, (2012) 1 SCC 40, relevant paras whereof reads thus: "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative considered a punishment, unless it is required to en accused person will stand his trial when called upon. more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their at the trial but in such cases, "necessity" is the operative test. country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances Reverting to the case in hand at charges came to be framed on 10.02 prosecution witnesses have been examined take a considerable time. The petitioner has already remained in actu - . Investigation is complete. Learned State have been framed on 10.02.2025 and out of ve been examined. She submits that in view of the serious allegations against the petitioner, she is not entitled to Heard the rival submissions made by learned counsel for the ing, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. , relevant paras whereof reads thus: In bail applications, generally, it has been laid down from the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried m the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances." Reverting to the case in hand, it is borne out from the record 2.2025. Yet, only 03 out of 25 cited examined. The conclusion of the trial might . The petitioner has already remained in actu Learned State out of submits that he is not entitled to Heard the rival submissions made by learned counsel for the ing, a gainful reference can be made to the Sanjay Chandra v. In bail applications, generally, it has been laid down from the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of . Deprivation of liberty must be sure that an The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried m the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons tendance at In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in , he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the , it is borne out from the record cited The conclusion of the trial might . The petitioner has already remained in actual SWARNJIT SINGH 2026.04.16 16:38 I attest to the accuracy and integrity of this document CRM-M custody for a period of as submitted, now 8. against the petitioner, and the culpa determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of accused, and the likelihood of justice. 9. the petitioner poses a flight risk or that h conduct of the trial prosecutrix not support the settled that at the stage of final adjudication of the case, yet, even while refraining from entering into any conclusive evaluation thereof, this factum cannot be completely overlooked. Therefore, upon taking into account all th considerations stated hereinbefore, and without expressing an opinion on merits of the case lest it may prejudice the trial, this Court is of the that the continued detention of the petitioner, in the backdrop of the the proceedings a undergone, would not advance the cause of justice. The guarantee of personal liberty under Article 21 of the Constitution of India, which includes M-73773-2025(O&M) -4- custody for a period of 01 year, 05 months and as submitted, now solemnized marriage with co While the truthfulness or otherwise of the allegations levelled against the petitioner, and the culpability, if any, would be tested and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of accused, and the likelihood of her absconding or influencing the course of Presently, no material has been placed on record to suggest that the petitioner poses a flight risk or that h conduct of the trial. Moreover, it is noted that prosecutrix, during the course of her examination before the trial Court, did not support the prosecution version and ha settled that the probative value of such testimony is a matter for appreciation stage of final adjudication of the case, yet, even while refraining from entering into any conclusive evaluation thereof, this factum cannot be completely overlooked. Therefore, upon taking into account all th considerations stated hereinbefore, and without expressing an opinion on merits of the case lest it may prejudice the trial, this Court is of the that the continued detention of the petitioner, in the backdrop of the the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article 21 of the Constitution of India, which includes - months and 08 days. The prosecutrix has, solemnized marriage with co-accused Harpreet Singh. hile the truthfulness or otherwise of the allegations levelled bility, if any, would be tested and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration of the nature of accusation, the stage of the trial, the antecedents of absconding or influencing the course of Presently, no material has been placed on record to suggest that the petitioner poses a flight risk or that her release would impede the fair noted that the material witness i.e. the examination before the trial Court, did has been declared hostile. While it is testimony is a matter for appreciation stage of final adjudication of the case, yet, even while refraining from entering into any conclusive evaluation thereof, this factum cannot be completely overlooked. Therefore, upon taking into account all th considerations stated hereinbefore, and without expressing an opinion on merits of the case lest it may prejudice the trial, this Court is of the opinion that the continued detention of the petitioner, in the backdrop of the pace of nd the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article 21 of the Constitution of India, which includes The prosecutrix has, hile the truthfulness or otherwise of the allegations levelled bility, if any, would be tested and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration the absconding or influencing the course of Presently, no material has been placed on record to suggest that release would impede the fair i.e. the examination before the trial Court, did been declared hostile. While it is testimony is a matter for appreciation stage of final adjudication of the case, yet, even while refraining from entering into any conclusive evaluation thereof, this factum cannot be completely overlooked. Therefore, upon taking into account all the the opinion pace of nd the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article 21 of the Constitution of India, which includes SWARNJIT SINGH 2026.04.16 16:38 I attest to the accuracy and integrity of this document CRM-M the right to a speedy trial, obliges the Court to ensure t incarceration does n incarceration, future, would also run rule and jail is t in Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC 22. 10. may prejudice the trial, the present petition is allowed ordered to be released on regular bail on h bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 11. prosecution shall be at liberty to move an application for cancellation of bail before this Court. 12. expression of opinion on the merits of the case and the trial Court would M-73773-2025(O&M) -5- the right to a speedy trial, obliges the Court to ensure t incarceration does not assume a punitive character. incarceration, without the prospect of the trial being concluded in the near future, would also run contrary to the settled legal principle that ‘bail is the rule and jail is the exception’, as reaffirmed by the Hon’ble Supreme Court Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed ordered to be released on regular bail on h bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. The petitioner shall also abide by the following conditions: (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/intimidate the prosecution witness(s). (iii) The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted. (iv) The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected. (v) The petitioner shall not directly or ind inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade h disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail before this Court. However, nothing stated above shall be const expression of opinion on the merits of the case and the trial Court would - the right to a speedy trial, obliges the Court to ensure that pre-trial ot assume a punitive character. The prolonged without the prospect of the trial being concluded in the near contrary to the settled legal principle that ‘bail is the as reaffirmed by the Hon’ble Supreme Court Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on her furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty The petitioner shall also abide by the following conditions:- oner will not tamper with the evidence The petitioner will not pressurize/intimidate the prosecution The petitioner will appear before the trial Court on the date unless personal presence is exempted. The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would trial The prolonged without the prospect of the trial being concluded in the near contrary to the settled legal principle that ‘bail is the as reaffirmed by the Hon’ble Supreme Court Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC Without commenting anything on the merits of the case, lest it and the petitioner is furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty The petitioner will not pressurize/intimidate the prosecution The petitioner will appear before the trial Court on the date The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of irectly make any inducement, threat or promise to any person acquainted from disclosing such facts to the Court or to any police officer or In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail rued as a final expression of opinion on the merits of the case and the trial Court would SWARNJIT SINGH 2026.04.16 16:38 I attest to the accuracy and integrity of this document CRM-M proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. 13. disposed of. April 16, 202 SwarnjitS M-73773-2025(O&M) -6- proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. Pending miscellaneous application(s), if any, also stands disposed of. , 2026 Whether speaking/reasoned Whether reportable - proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. s application(s), if any, also stands (KIRTI SINGH) JUDGE : Yes/No : Yes/No proceed independently of the observations made in the present case which s application(s), if any, also stands SWARNJIT SINGH 2026.04.16 16:38 I attest to the accuracy and integrity of this document