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High Court of Punjab and Haryana · body

2025 DAILYLAW 61482 (PNJ)

PUSHPINDER KAUR v. STATE OF PUNJAB

CRM-M/28352/2025 · 2025-07-17

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CRM-M-28352-2025 Date of Decision: 17.07.2025 Pushpinder Kaur ...Petitioner Versus State of Punjab ...Respondents CORAM: HON'BLE MS. JUSTICE MANISHA BATRA **** Present: Mr. Bikramjeet Singh Jatana, Advocate for the petitioner. Ms. Sakshi Bakshi, AAG, Punjab. Mr. Armaan Gagneja, Advocate for the complainant. **** MANISHA BATRA , J. (ORAL) The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case bearing FIR No. 0105 dated 12.04.2025 registered under Sections 333, 115(2), 118, 351(2), 191(3), 190, 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) (Section 18(2) of BNSS added later on), at Police Station Kharar, District SAS Nagar. 2. Status report has been filed by respondent-State. Copy supplied to learned counsel for the petitioner. 3. Learned State counsel, on instructions from the Investigating Officer, has submitted that that the petitioner has joined investigation on 28.05.2025 and she is not required for custodial interrogation. NISHA 2025.07.18 18.59 I attest to the accuracy and integrity of this document CRM-M-28352-2025 -2- 4. In the given nature of the circumstances, this Court is of the opinion that pre-trial incarceration of the petitioner is not required. Accordingly, the petition is allowed and the order dated 22.05.2025, granting interim bail to the petitioner, is made absolute, subject to the conditions laid down in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (analogous to Section 438(2) of the Code of Criminal Procedure) and the petitioner is ordered to be extended benefit of anticipatory bail, subject to her surrender passport before the Investigating Officer within a period of ten days from the date of passing of this order and on her surrender within that period, he shall be released on bail by the learned trial Court on furnishing bonds to its satisfaction and the following conditions:- (i) the petitioner shall cooperate with the investigation and shall appear before the investigating officer/arresting officer as and when required. (ii) she 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 him/her from disclosing such facts to the Court or to any Police Officer. (iii) she shall not commit any similar offence while on bail. (iv) she shall not leave the country without prior permission of the Court. 5. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with law. 6. It is clarified that observations made hereinabove shall not be NISHA 2025.07.18 18.59 I attest to the accuracy and integrity of this document CRM-M-28352-2025 -3- construed as an expression of opinion on the merits of the case. (MANISHA BATRA) JUDGE July 17, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No NISHA 2025.07.18 18.59 I attest to the accuracy and integrity of this document