Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 110613 (PNJ)

BALJEET KAUR ALIAS BALJINDER KAUR v. STATE OF PUNJAB

CRM-M/4827/2025 · 2025-08-29

Shalini Singh Nagpal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

258 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-4827-2025 (O&M) Reserved on: 28.08.2025 Pronounced on: 29.08.2025 BALJEET KAUR ALIAS BALJINDER KAUR …Petitioner V/S STATE OF PUNJAB …Respondent CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Ms. Taranjeet Kaur Hundal, Advocate for the petitioner. Mr. Gurpreet Singh Fateh, Sr. DAG Punjab. **** SHALINI SINGH NAGPAL J. (Oral) Petitioner seeks regular bail in case arising out of FIR No. 120 dated 24.11.2023 under Sections 363, 366 of Indian Penal Code (Sections 328, 109, 506 and 376(3) of IPC and Sections 6, 17, 21 of Protection of Children from Sexual Offences Act, 2012 added later on) Police Station Mehatpur District Jalandhar Rural. This is her first petition for regular bail. The facts, necessary for disposal of the petition are that grand- mother of the prosecutrix, lodged a complaint stating that about a month ago, her grand-daughter, prosecutrix aged 15 years, who was earlier residing with her maternal uncle, came to live with her. On 19.11.2023, at about 5.00 PM, she left the house on the pretext of meeting her maternal uncle’s wife in village- Udhowal. For 2-3 days, they searched for her, but she could not be traced. Her daughter then telephonically informed her that the prosecutrix had eloped with a boy on a motorcycle. They were sure that the prosecutrix was taken away by Harjot Singh son of Ranjit AJAY GOSWAMI 2025.08.29 16:19 I attest to the accuracy and integrity of this document CRM-M-4827-2025 (O&M) -2- Singh, resident of Kala Sanghian, Police Station Sadar Kapurthala, District Kapurthala, at that time resident of Uggi, Police Station Sadar Nakodar, District Jalandhar. Previously also, 06 months ago, similar incident took place. Mother of Harjot Singh namely Baljeet Kaur wife of Ranjit Singh had an active role in the elopement. Even now, Harjot Singh was acting on her encouragement. Learned counsel for the petitioner submits that there was a delay of 05 days in reporting the matter to the police. She further submitted that the main accused i.e. Harjot Singh had been declared proclaimed offender and petitioner had disowned him, fed up with his activities, much prior to the incident. She further argued that petitioner had been falsely involved and had nothing to do with the occurrence. It was submitted that prosecurix and Harjot Singh were just friends and there was nothing sexual between the two. Case was falsely registered as family of the prosecutrix was not happy with her association with Harjot. Learned counsel also placed on record copy of statement of PW-3 Ramesh Kumar Thakur, Manager, Continental Hotel, Nakodar, to support her contention that the case set up, was false. Petitioner, who was in custody w.e.f. 24.10.2024, deserved to be enlarged on bail. Learned State counsel filed the status report and contested the prayer for bail. He submitted that information of the bail petition had been conveyed to the victim, who was now out of country. Referring to statement of the prosecutrix recorded under Section 164 Cr.P.C. and role attributed to the petitioner in the FIR, prayer was made for dismissal of AJAY GOSWAMI 2025.08.29 16:19 I attest to the accuracy and integrity of this document CRM-M-4827-2025 (O&M) -3- the bail application. Petitioner is a 43 years old lady. She is in custody for the last 11 months. As per FIR version, she had been encouraging her son, who eloped with the prosecutrix. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 23.01.2024, in which she only stated that Harjot Singh’s mother asked her to come back and give statement. Considering the role attributed to the petitioner, the period of incarceration undergone by her, the fact that she has no criminal antecedents and has a fixed abode, but without meaning to comment on the merits of the case, petitioner-Baljeet Kaur @ Baljinder Kaur is ordered to be released on regular bail on her furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate concerned. The petition is allowed. (SHALINI SINGH NAGPAL) Reserved on: 28.08.2025 JUDGE Pronounded on :29.08.2025 Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.08.29 16:19 I attest to the accuracy and integrity of this document