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2025 DAILYLAW 102902 (PNJ)

KANTA DEVI v. STATE OF HARYANA

CRM-M/55484/2024 · 2025-04-28

Harpreet Singh Brar

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Judgment text

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212 IN THE HIGH COURT OF PUNJAB AND HARYANA KANTA DEVI STATE OF HARYANA CORAM: HON’BLE MR. Present: Mr. Mr. Vikas Bhardwaj, AAG, Haryana. HARPREET SINGH BRAR 1. Prayer is for grant of anticipatory Section 482 of BNSS 2023 in criminal case having FIR No.121 dated 19.09.2024 registered under Sections 406, 420, 34 of IPC and Section 351(2) of BNS, 2023 at Police Station Alewa, District Jind. 2. On IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH V/S HARYANA HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Deepak Vashishth, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. **** HARPREET SINGH BRAR, J. (ORAL) Prayer is for grant of anticipatory Section 482 of BNSS 2023 in criminal case having FIR No.121 dated 19.09.2024 registered under Sections 406, 420, 34 of IPC and Section 351(2) of BNS, 2023 at Police Station Alewa, District Jind. On 12.11.2024, following order was passed: “Prayer is for grant of anticipatory bail to the petitioner under Section 482 of BNSS 2023 in criminal case having FIR No.121 dated 19.09.2024 registered under Sections 406, 420, 34 of IPC and Section 351(2) of BNS, 2023 at Police Station Alewa, District Jind. Counsel for the petitioner submits that the petitioner is a poor lady and will not be able to deposit substantial amount out of total amount of Rs.1,97,500/ stated to be deposited in her bank account by Gaurav cousin of son of the complainant. The present petition is resisted by the State counsel. Taking into consideration the fact that petitioner is a lady, she is hereby directed to join investigation with the police and in case of arrest, the petitioner is directed to be released on interim bail by the IO/Arresting Officer to his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-55484-2024 Date of decision: 28.04.2025 ...PETITIONER ...RESPONDENT HARPREET SINGH BRAR Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. Prayer is for grant of anticipatory bail to the petitioner under Section 482 of BNSS 2023 in criminal case having FIR No.121 dated 19.09.2024 registered under Sections 406, 420, 34 of IPC and Section 351(2) of BNS, 2023 at Police Station Alewa, District Jind. der was passed: Prayer is for grant of anticipatory bail to the petitioner under Section 482 of BNSS 2023 in criminal case having FIR No.121 dated 19.09.2024 registered under Sections 406, 420, 34 of IPC and Section 351(2) of BNS, Alewa, District Jind. Counsel for the petitioner submits that the petitioner is a poor lady and will not be able to deposit substantial amount out of total amount of Rs.1,97,500/- stated to be deposited in her bank account by Gaurav complainant. The present petition is resisted by the State counsel. Taking into consideration the fact that petitioner is a lady, she is hereby directed to join investigation with the police and in case of arrest, the petitioner is directed to be sed on interim bail by the IO/Arresting Officer to his MANISHA 2025.04.28 18:58 I attest to the accuracy and authenticiy of this order/judgment CRM-M-55484 3. Learned State counsel that in complia petitioner has joined the investigation interrogation. 4. Keeping in view the statement made by learned the order dated 12.11.2024 terms and conditions enumerated in Section Section 438(2) Cr.P.C.) 5. The petition is accordingly disposed of. 6. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. April 28, 2025 manisha (i) (ii) 55484-2024 2 own satisfaction till the next date of hearing subject to deposit of Rs.50,000/- by the petitioner with the Court of Illaqa Magistrate concerned within next 10 days. The petitioner is to abide by the c Section 482(2) of BNSS, 2023. The aforesaid deposit will be subject to final decision of the criminal case. Now be listed on 25.01.2025. Learned State counsel, on instructions from that in compliance of order dated 12.11.2024 petitioner has joined the investigation and is not required for further custodial Keeping in view the statement made by learned the order dated 12.11.2024, is made absolute. The petitioner shall abide by the terms and conditions enumerated in Section 482(2) BNSS, 2023 Section 438(2) Cr.P.C.) The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an on of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable own satisfaction till the next date of hearing subject to by the petitioner with the Court of Illaqa Magistrate concerned within next 10 days. The petitioner is to abide by the conditions as envisaged under Section 482(2) of BNSS, 2023. The aforesaid deposit will be subject to final decision of the criminal case. Now be listed on 25.01.2025.” on instructions from ASI Santbir, submits 12.11.2024 passed by this Court, the and is not required for further custodial Keeping in view the statement made by learned State Counsel, absolute. The petitioner shall abide by the 482(2) BNSS, 2023 (Erstwhile The petition is accordingly disposed of. Nothing observed hereinabove shall be construed to be an on of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.04.28 18:58 I attest to the accuracy and authenticiy of this order/judgment