Extracted from the PDF above. The PDF is authoritative.
CRM-M-16065-2025 -1- 251
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16065-2025 Date of Decision:07.04.2025 ADITI GOEL
…PETITIONER VS.
STATE OF PUNJAB …RESPONDENT
Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. V. Chaitanya Rao, Advocate for the petitioner. Mr. M.S. Bajwa, DAG, Punjab. *** N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 483 of B.N.S.S., with a prayer to grant regular bail to her in case FIR No.122 dated 22.06.2024, registered under Sections 406, 420 & 120-B of IPC & Section 24 of the Immigration Act, Police Station Khanna City II, Khanna, Punjab.
2.
Learned counsel for the petitioner contends that the FIR in the present case was got registered by Amanjot Singh, who alleged that she was cheated by the accused to the tune of Rs.35,00,000/- on the pretext of sending him abroad. He further contends that in fact there was a financial dispute between the petitioner and the complainant and the petitioner was wrongly arrested in the present case on 16.07.2024. He further contends that all the VIPIN KUMAR 2025.04.09 11:09 I attest to the accuracy and integrity of this judgment/order
CRM-M-16065-2025 -2- offences in the present case are triable by the Court of Magistrate and the final report under Section 173 Cr.P.C. has already been presented before the Court. He further contends that in the present case, the trial Court is yet to frame the charge against the petitioner and the trial is yet to formally start against her. He has placed reliance on the order Annexure P-5 passed by this Court, whereby Urvashi Goel, co-accused has been granted the concession of bail.
3. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that the petitioner is in involved in 03 more cases of similar nature and she does not deserve the concession of bail by this Court. However, he does not dispute the fact that the petitioner is in custody for the last more than 08 months in the present case and even charge has not been framed against her.
4. I have heard the learned counsel for the parties and perused the record.
5. The petitioner was arrested in the present case on 16.07.2024 and is in custody for the last more than 08 months. Even the challan was filed against her but the trial Court has not even able to frame charge against the petitioner. Thus, further custody of the petitioner will not serve any meaningful purpose.
6. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on her furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) 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 her to disclose such facts to the Court or to any other authority.
VIPIN KUMAR 2025.04.09 11:09 I attest to the accuracy and integrity of this judgment/order
CRM-M-16065-2025 -3- (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent herself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender her passport, if any, (if already not surrendered), and in case she is not holder of the same, she shall swear an affidavit to that effect. (v) The petitioner shall also file her affidavit before the concerned Court, mentioning her ordinary place of residence and number of mobile phone, which shall be used by her during the pendency of the trial. In case of change of place of residence/mobile number, she shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.
7. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to her shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. 07.04.2025
(N.S. SHEKHAWAT) vipin
JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No VIPIN KUMAR 2025.04.09 11:09 I attest to the accuracy and integrity of this judgment/order