CRM-M-3930-2025 -1- 209 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CRM-M-3930-2025 Date of Decision: 30.04.2025 **** Bindu ..... Petitioner Versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Karan Singh, Advocate for the petitioner. Mr. Aywan Singh, AAG, Haryana. **** JASGURPREET SINGH PURI , J. (ORAL) 1. The present petition has been filed under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.174, dated 06.07.2024 under Section 6, 17 of POCSO Act and Sections 137(2), 87, 64(2)M, 65(1) of BNS, 2023, registered at Police Station Women West, District Gurugram. 2. Status report by way of an affidavit of Assistant Commissioner of Police, Udyog, Gurugram has been filed on behalf of the respondent No.1/State in Court today and the same is taken on record. 3. Copy thereof has been supplied to learned counsel for the petitioner. 4. Learned counsel for the petitioner submitted that he has already perused the reply. 5. The present petition has been filed for grant of anticipatory bail to the petitioner. On 23.01.2025, after issuance of notice of motion, the arrest of the petitioner was directed to be stayed. Bhumika Bhati 2025.05.03 16:15 I attest to the accuracy and integrity of this document chandigarh CRM-M-3930-2025 -2- 6. Learned counsel for the petitioner submitted that the petitioner is a lady of the age of 54 years and the allegations against her are that her son has enticed away a girl of the age of 16 years and she was present in the house at the time when his son enticed away the girl and she had also put sindoor on the forehead of the girl and therefore, she actively connived in the offence. He submitted that since the petitioner has already joined the investigation and has also fully cooperated with the investigation process, the order by which the petitioner was granted interim protection may be made absolute. 7. On the other hand, Mr. Ayuwan Singh, learned AAG, Haryana, has referred to the reply and submitted that although the petitioner has joined the investigation but she has refuted the allegations levelled against her. He also submitted that the only allegation against the petitioner is with regard to the fact that she was present in the house when her son had enticed away the girl and she had also put sindoor on the forehead of the girl. 8. After hearing the learned counsels for the parties and perusing the reply so filed by the State, this Court is of the considered view that mere fact that the petitioner has refuted the allegations against her would not mean that her custodial interrogation is required. Even otherwise also, the petitioner is a lady and the only allegations were that she was present in the house when her son had enticed away the minor girl by putting sindoor on her forehead, the stand taken by the learned State counsel itself cannot become a ground for denial of bail to the petitioner especially when she is a lady of the age of 54 years. 9. In view of the aforesaid facts and circumstances, the present petition is allowed. It is directed that in case in future the petitioner is required to join investigation, then she shall join the same and shall also co- operate fully with the investigation process. In the event of arrest, the Bhumika Bhati 2025.05.03 16:15 I attest to the accuracy and integrity of this document chandigarh CRM-M-3930-2025 -3- petitioner shall be released on bail on her furnishing of personal bonds and surety bonds to the satisfaction of the Arresting/Investigating Officer and she shall also abide by the conditions as provided under Section 482(2) BNSS. 30.04.2025 (JASGURPREET SINGH PURI) Bhumika JUDGE 1. Whether speaking/reasoned: Yes/No 2. Whether reportable: Yes/No Bhumika Bhati 2025.05.03 16:15 I attest to the accuracy and integrity of this document chandigarh