IN THE HIGH COURT OF PUNJAB AND HARYANA 213 BALWINDER KAUR STATE OF PUNJAB CORAM: HON’BLE MRS. Present : Mr Ms. Sakshi Bakshi, AAG, Punjab Mr. Prateek Sodhi, Advocate for the complainant. MANISHA BATRA 1. The present petition has been filed under Section 482 of Nagarik Suraksha Sanhita, 2023 (for short of anticipatory bail in case arising out of FIR No. registered under Sections ‘BNS’), at Police 2. The aforementioned FIR has been registered on the basis of a complaint lodged by the Assistant Executive Engineer, Punjab State Power Corporation Limited (PSPCL) alleging that an electricity meter installed in t premises of Jaspal Singh and the connecting wire had been stolen by the present petitioner and her husband Sharma Singh. Investigation proceedings have been initiated and are underway. The husband of the petitioner was arrested on 15.02.2025. He suffere 130 meters of electricity wire at his instance. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail which had IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: BALWINDER KAUR Versus STATE OF PUNJAB HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Raj Kumar Arya, Advocate for the Ms. Sakshi Bakshi, AAG, Punjab. Mr. Prateek Sodhi, Advocate for the complainant. **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 482 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) of anticipatory bail in case arising out of FIR No. registered under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 ( , at Police Station Ajnala, District Amritsar Rural. The aforementioned FIR has been registered on the basis of a complaint lodged by the Assistant Executive Engineer, Punjab State Power Corporation Limited (PSPCL) alleging that an electricity meter installed in t premises of Jaspal Singh and the connecting wire had been stolen by the present petitioner and her husband Sharma Singh. Investigation proceedings have been initiated and are underway. The husband of the petitioner was arrested on 15.02.2025. He suffered a disclosure statement and got recovered 130 meters of electricity wire at his instance. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail which had IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.15853 of 2025 Date of decision: 13.05.2025 …. Petitioner …. Respondent MANISHA BATRA , Advocate for the petitioner. Mr. Prateek Sodhi, Advocate for the complainant. The present petition has been filed under Section 482 of Bharatiya ‘BNSS’) by the petitioner for grant of anticipatory bail in case arising out of FIR No.24 dated 03.02.2025 of Bharatiya Nyaya Sanhita, 2023 (for short- Amritsar Rural. The aforementioned FIR has been registered on the basis of a complaint lodged by the Assistant Executive Engineer, Punjab State Power Corporation Limited (PSPCL) alleging that an electricity meter installed in the premises of Jaspal Singh and the connecting wire had been stolen by the present petitioner and her husband Sharma Singh. Investigation proceedings have been initiated and are underway. The husband of the petitioner was d a disclosure statement and got recovered 130 meters of electricity wire at his instance. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail which had Bharatiya by the petitioner for grant 03.02.2025 - The aforementioned FIR has been registered on the basis of a complaint lodged by the Assistant Executive Engineer, Punjab State Power he premises of Jaspal Singh and the connecting wire had been stolen by the present petitioner and her husband Sharma Singh. Investigation proceedings have been initiated and are underway. The husband of the petitioner was d a disclosure statement and got recovered 130 meters of electricity wire at his instance. Apprehending her arrest, the petitioner had moved an application for grant of anticipatory bail which had Jyoti 2025.05.14 16:03 I attest to the accuracy and integrity of this document CRM been dismissed by the Court of learned Additional Sessions vide order dated 13.03.2025. 3. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. No recovery is to be effected from her. She is ready to join investigation. Her custodial interrogation i Accordingly, it is urged that the petition deserves to be allowed. 4. Status report dated 12.05.2025 filed on behalf of respondent is taken on record. 5. Learned State counsel assisted by learned counsel for the complainant has argu possession over the property belonging to Jaspal Singh and have stolen an electricity meter along with cable/wire. For effecting recovery and conducting thorough investigation, her custodial interrogat argued that the petition does not deserve to be allowed. 6. Rival submissions have been heard. 7. The petitioner along with her husband is alleged to have committed theft of electricity meter installed in a property whic between the petitioner and her husband on one hand and Jaspal Singh on the other hand. Recovery of cable has been effected in pursuance of disclosure statement allegedly suffered by the husband of the petitioner. Non recovery of electricity meter at the instance of the petitioner, cannot be consider to be a ground for denying benefit of pre of the allegations as levelled against her, in the considered opinion of the Court, a case is made out fo petitioner. Accordingly, the petition is allowed and she is admitted to bail CRM-M No.15853 of 2025 been dismissed by the Court of learned Additional Sessions vide order dated 13.03.2025. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. No recovery is to be effected from her. She is ready to join investigation. Her custodial interrogation i Accordingly, it is urged that the petition deserves to be allowed. Status report dated 12.05.2025 filed on behalf of respondent is taken on record. Learned State counsel assisted by learned counsel for the complainant has argued that the petitioner and her husband are possession over the property belonging to Jaspal Singh and have stolen an electricity meter along with cable/wire. For effecting recovery and conducting thorough investigation, her custodial interrogat argued that the petition does not deserve to be allowed. Rival submissions have been heard. The petitioner along with her husband is alleged to have committed theft of electricity meter installed in a property whic between the petitioner and her husband on one hand and Jaspal Singh on the other hand. Recovery of cable has been effected in pursuance of disclosure statement allegedly suffered by the husband of the petitioner. Non recovery of meter at the instance of the petitioner, cannot be consider to be a ground for denying benefit of pre-arrest bail to the petitioner. Given the nature of the allegations as levelled against her, in the considered opinion of the Court, a case is made out for granting benefit of anticipatory bail to the petitioner. Accordingly, the petition is allowed and she is admitted to bail M No.15853 of 2025 -2- been dismissed by the Court of learned Additional Sessions Judge, Amritsar It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. No recovery is to be effected from her. She is ready to join investigation. Her custodial interrogation is not required. Accordingly, it is urged that the petition deserves to be allowed. Status report dated 12.05.2025 filed on behalf of respondent-State Learned State counsel assisted by learned counsel for the ed that the petitioner and her husband are in unlawful possession over the property belonging to Jaspal Singh and have stolen an electricity meter along with cable/wire. For effecting recovery and conducting thorough investigation, her custodial interrogation is required. Therefore, it is argued that the petition does not deserve to be allowed. Rival submissions have been heard. The petitioner along with her husband is alleged to have committed theft of electricity meter installed in a property which is in dispute between the petitioner and her husband on one hand and Jaspal Singh on the other hand. Recovery of cable has been effected in pursuance of disclosure statement allegedly suffered by the husband of the petitioner. Non recovery of meter at the instance of the petitioner, cannot be consider to be a arrest bail to the petitioner. Given the nature of the allegations as levelled against her, in the considered opinion of the r granting benefit of anticipatory bail to the petitioner. Accordingly, the petition is allowed and she is admitted to bail Judge, Amritsar It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. No recovery is to be effected from her. She is s not required. State Learned State counsel assisted by learned counsel for the in unlawful possession over the property belonging to Jaspal Singh and have stolen an electricity meter along with cable/wire. For effecting recovery and conducting ion is required. Therefore, it is The petitioner along with her husband is alleged to have h is in dispute between the petitioner and her husband on one hand and Jaspal Singh on the other hand. Recovery of cable has been effected in pursuance of disclosure statement allegedly suffered by the husband of the petitioner. Non recovery of meter at the instance of the petitioner, cannot be consider to be a arrest bail to the petitioner. Given the nature of the allegations as levelled against her, in the considered opinion of the r granting benefit of anticipatory bail to the petitioner. Accordingly, the petition is allowed and she is admitted to bail Jyoti 2025.05.14 16:03 I attest to the accuracy and integrity of this document CRM subject to her surrendering before the Investigating Officer/Arresting Officer within a period of 10 days further subject to her furnishing bonds to the satisfaction of the Investigating/Arresting Officer conditions as envisaged under Section 482(2) of Sanhita (BNSS), 2023 13.05.2025 Jyoti-IV CRM-M No.15853 of 2025 subject to her surrendering before the Investigating Officer/Arresting Officer within a period of 10 days or as and when subsequent further subject to her furnishing bonds to the satisfaction of the Investigating/Arresting Officer and also subject to compliance of usual terms and ditions as envisaged under Section 482(2) of ita (BNSS), 2023. (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.15853 of 2025 -3- subject to her surrendering before the Investigating Officer/Arresting Officer or as and when subsequently required thereafter and further subject to her furnishing bonds to the satisfaction of the and also subject to compliance of usual terms and ditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha (MANISHA BATRA) JUDGE Yes/No. Yes/No subject to her surrendering before the Investigating Officer/Arresting Officer and further subject to her furnishing bonds to the satisfaction of the and also subject to compliance of usual terms and Bharatiya Nagarik Suraksha Jyoti 2025.05.14 16:03 I attest to the accuracy and integrity of this document