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2025 DAILYLAW 6846 (PNJ)

HARBHAJAN KAUR v. STATE OF PUNJAB

CRM-M/21870/2026 · 2026-04-30

Kirti Singh

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Judgment text

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CRM-M-21870 IN THE HIGH COURT OF PUNJAB AND HARYANA 205 HARBHAJAN STATE OF PUNJAB CORAM : HON'BLE MS. JUSTICE Present: Mr. Ms. Mr. KIRTI SINGH, J. (ORAL) 1. Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case F 09.12.2025 under Sections 376, 506, 120 BNS) and Sections 67, 67A of Information Technology Act, 2000, registered at Police Station Morinda, District Rupnagar. 2. Vide order dated investigation. The said order is reproduced hereinafter: 0-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21870- Date of Decision: KAUR VERSUS STATE OF PUNJAB HON'BLE MS. JUSTICE KIRTI SINGH Mr. Tejinder Singh, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG, Punjab. . J.S. Mohri, Advocate for the co , J. (ORAL) Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case F 09.12.2025 under Sections 376, 506, 120-B IPC (Sections 64, 351, 61 of BNS) and Sections 67, 67A of Information Technology Act, 2000, registered at Police Station Morinda, District Rupnagar. Vide order dated 21.04.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter: “xxxxx 2. Learned counsel for the petitioner inter alia submits that the petitioner, a 67 year old lady, has been falsely implicated in the instant case being the mother of the main accused. It is submitted that the complainant, who herself is a 34- children, was in a consensual relationship with the son of the petitioner. Be that as it may, there is neither any overt act attri petitioner, nor is there any cogent material on record to substantiate the vague allegation of threats, that has been levelled against the petitioner. Learned counsel submits that the petitioner is ready and willing to join IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -2026 (O&M) Date of Decision: 30.04.2026 … PETITIONER ....RESPONDENT KIRTI SINGH for the petitioner. , Punjab. omplainant. Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, in case FIR No.97 dated B IPC (Sections 64, 351, 61 of BNS) and Sections 67, 67A of Information Technology Act, 2000, registered .2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:- Learned counsel for the petitioner inter alia submits that the petitioner, a 67 year old lady, has been falsely implicated in the instant ng the mother of the main accused. It is submitted that the -year-old married lady having two children, was in a consensual relationship with the son of the petitioner. Be that as it may, there is neither any overt act attributable to the petitioner, nor is there any cogent material on record to substantiate the vague allegation of threats, that has been levelled against the petitioner. Learned counsel submits that the petitioner is ready and willing to join SWARNJIT SINGH 2026.04.30 16:29 I attest to the accuracy and integrity of this document CRM-M-21870 3. Mr. behalf of the com 4. Status report by way of an affidavit of Morinda, District counsel are taken on record. Inspector Ranjit Singh 21.04.2026, the petitioner has joined the investigation not required for any further investigation. 5. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated made absolute, s BNSS. 6. This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall 0-2026 (O&M) -2- investigation and cooperate. 5. Notice of motion. 6. On advance notice, Ms. Guramrit Kaur, DAG, Punjab appears and accepts notice on behalf of State. She prays for an adjournment to file status report to clarify the factual position. Mr. J.S. Mohri, Advocate has filed his memo of appearance on behalf of taken on record. 7. Adjourned to 30.04.2026, for filing status report. 8. In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. She shall abide by the f as envisaged under Section 482(2) BNSS, 2023; (1)That the petitioner shall make herself available for interrogation by a police officer as and when required to do so. (2)That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. (3)That the petitioner shall not leave India without prior permission of the Court. 9. Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner. . Jasbir Singh Mohri, Advocat mplainant, which is taken on rec Status report by way of an affidavit of , District Rupnagar and custody certificate filed by the learned State counsel are taken on record. Learned State counsel on instructions from Inspector Ranjit Singh, submits that in compliance of order dated , the petitioner has joined the investigation not required for any further investigation. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 21.04.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall On advance notice, Ms. Guramrit Kaur, DAG, Punjab appears and accepts notice on behalf of State. She prays for an adjournment to file status report to clarify the factual position. Mr. J.S. Mohri, Advocate has filed his memo of appearance on behalf of the complainant, which is Adjourned to 30.04.2026, for filing status report. In the meantime, the petitioner shall join investigation before the Investigating Agency/Officer. She shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;- That the petitioner shall make herself available for interrogation by a police officer as and when required to do so. That the petitioner shall not directly or indirectly make any nducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer. That the petitioner shall not leave India without prior Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner.” te filed his vakalatnama on cord. Status report by way of an affidavit of Gurjit Singh, PPS, DSP, and custody certificate filed by the learned State Learned State counsel on instructions from , submits that in compliance of order dated , the petitioner has joined the investigation on 23.04.2026 and is Having considered the aforesaid facts and circumstances, the passed by this Court, is hereby ubject to the condition enumerated under Section 482(2) This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall SWARNJIT SINGH 2026.04.30 16:29 I attest to the accuracy and integrity of this document CRM-M-21870 be confined to the FIR mentioned other incident that involves commission of an offence. 7. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439( stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause. 8. Pending miscellaneous application(s), if any, also stands disposed of. 30.04.2026 SwarnjitS Whether speaking/reasoned Whether reportable 0-2026 (O&M) -3- be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient Pending miscellaneous application(s), if any, also stands Whether speaking/reasoned Yes/No Whether reportable Yes/No d will not operate in respect of any other incident that involves commission of an offence. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE SWARNJIT SINGH 2026.04.30 16:29 I attest to the accuracy and integrity of this document