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CRM-M-13703-2025 and CRM-M-23475-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 227 CRM-M-13703-2025 Kamal Kaur …...Petitioner Versus State of Punjab …...Respondent 227-2 CRM-M-23475-2025 Gurjant Singh …...Petitioner Versus State of Punjab …...Respondent Decided on: 14.05.2025
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Manu Sachdeva, Advocate for the petitioner(s) (in both cases) Mr. Manjinder Singh Bhullar, DAG, Punjab.
**** SANJAY VASHISTH, J.
1. The aforementioned petitions are being disposed of by way of a common order, as they arise out of the same FIR.
2. The present petitions have been filed by Kamal Kaur (petitioner in CRM-M-13703-2025) and Gurjant Singh (petitioner in CRM-M-23475-2025) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking anticipatory bail in case FIR No.76 dated 20.09.2024, registered under Sections 115(2), 118(1), 333, RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document
CRM-M-13703-2025 and CRM-M-23475-2025 2 351(3), 191(3), and 190 of the Bharatiya Nyaya Sanhita, 2023 (BNS), at Police Station Hathur, District Ludhiana.
3. When CRM-M-13703-2025, filed by petitioner-Kamal Kaur came up for consideration before this Court on 11.03.2025, the following
order was passed:
“1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Kamal Kaur, aged about 37 years 76 20.09.2024 115(2), 118(1), 333, 351(3), 191(3) and 190 of BNS, 2023 Hathur Ludhiana
2.
Learned counsel for the petitioner inter alia, contends, that there has been an inordinate delay in the registration of the FIR, as the incident occurred on 19.09.2024 at approximately 2.00 P.M., but the FIR was lodged on 20.09.2024 at about 9.49 P.M. Counsel for the petitioner further argues that the FIR has been concocted, with several individuals being unnecessarily implicated. The role attributed to the petitioner is that of causing a simple injury with a wooden stick to Sinder Kaur on her right knee and lower back. 3. Counsel for the petitioner also submits that the petitioner, being a household woman, is willing to join the investigation and fully cooperate with the Investigating Officer. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case. 4. Notice of motion. 5. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter. 6. Adjourned to 14.05.2025. 7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad-interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document
CRM-M-13703-2025 and CRM-M-23475-2025 3 abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 8. Besides, it is directed that petitioner would hand over her passport to the Investigating Agency or to Court concerned, if she possesses. Otherwise, would submit an affidavit, disclosing the fact that she does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court.”
4. Subsequently, CRM-M-23475-2025, filed by co-accused, namely Gurjant Singh, was listed for hearing on 01.05.2025. While granting the concession of ad-interim bail, this Court passed the following order:
“1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No. Date Section(s) Police Station District Gurjant Singh, aged about 43 years 76 20.09.2024 115(2), 118(1), 333, 351(3), 191(3) and 190 of BNS, 2023 Hathur Ludhiana
2.
Learned counsel for the petitioner inter alia, contends, that there has been an inordinate delay in the registration of the FIR, as the incident occurred on 19.09.2024 at approximately 2.00 P.M., but the FIR was lodged on 20.09.2024 at about 9.49 P.M. Counsel for the petitioner further argues that the FIR has been concocted, with several individuals being unnecessarily implicated. The role attributed to the petitioner is that of causing a simple injury with a wooden stick to Sinder Kaur on her right knee and lower back.
3. Counsel for the petitioner also submits that the petitioner, being a household woman, is willing to join the investigation and fully cooperate with the Investigating Officer. Thus, prays for grant of concession of anticipatory bail to the petitioner in the present case.
4. Notice of motion.
5. On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter.
6. Adjourned to 14.05.2025. RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document
CRM-M-13703-2025 and CRM-M-23475-2025 4
7. In the meanwhile, the petitioner is directed to join the investigation as and when required to do so by the Investigating Agency. In the event of her arrest, the petitioner shall be released on ad-interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.).
8. Besides, it is directed that petitioner would hand over her passport to the Investigating Agency or to Court concerned, if she possesses. Otherwise, would submit an affidavit, disclosing the fact that she does not possess any passport. It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. To be heard alongwith CRM-M-13703-2025”
3.
Learned counsel for the petitioner submits that in compliance of orders dated 11.03.2025 and 01.05.2025 passed by this Court, the petitioners have joined the investigation, and have fully co- operated, thus, prays for confirmation of the interim bail order.
4. Learned State counsel has filed status report in CRM-M- 13703-2025 by way of affidavit of Harjinder Singh, PPS, DSP, Raikot, District Ludhiana (Rural) on behalf of respondent/State, in Court today. Same is taken on record. Registry is directed to tag the same at appropriate place with the paper book. Learned State counsel on instructions, confirms the said averment and submits that the custodial interrogation of the petitioners would not be required now for the purpose of investigation. Accordingly, learned State counsel prays for disposal of the present petition.
5. Heard learned counsel for the parties.
6. Since, the petitioners have joined the investigation and custodial interrogation is no more required, interim orders dated RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document
CRM-M-13703-2025 and CRM-M-23475-2025 5 11.03.2025 and 01.05.2025 passed by this Court are hereby made absolute. Present petitions are thus allowed. However, petitioners shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Besides, it is directed that petitioners would hand over their passport to the Investigating Agency or to Court concerned, if they possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess any passport. It is also directed that before leaving country any time during trial, petitioners would seek prior permission of the Court.
7. Accordingly, petitions stand disposed of.
8. A photocopy of this order be placed on the file of another connected case.
(SANJAY VASHISTH) JUDGE May 14, 2025 rashmi Whether Speaking/Reasoned:YES/NO Whether Reportable: YES/NO RASHMI 2025.05.15 18:27 I attest to the accuracy and integrity of this document