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2025 DAILYLAW 69349 (PNJ)

SATINDER KAUR v. STATE OF HARYANA

CRM-M/32107/2025 · 2025-09-25

Manisha Batra

body2025

Judgment text

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CRM-M No.32107 of 2025 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 205 CRM-M No.32107 of 2025 Date of decision: 25.09.2025 Satinder Kaur ... Petitioner Vs. State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Sandeep Siwach, Advocate, for the petitioner. Ms. Himani Arora, DAG, Haryana, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 256 03.08.2022 Bhuna, District Fatehabad 420, 467, 468, 471, 506 and 120-B of IPC 2. Brief facts relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the basis of a complaint filed by the complainant Vikas alleging that the present petitioner along with accused Krishan, Gurmangat Singh and Babu had MANJU 2025.09.26 15:26 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.32107 of 2025 -2- allured him on the premise that they could get him appointed in some Government job. On their allurement, the complainant, his brother Dinesh, cousin brothers Vishnu and Sanjay as well as one Pradeep were made to part with a total sum of Rs.30,65,000/- which were given to the petitioner along with accused Krishan, Gurmangat Singh and Babu. The accused and the petitioner in connivance with each other represented to the victims that their appointments were made and joining letters had been issued. They got prepared false and fabricated joining letters purported to be issued by Army authorities and handed over such letters to the victims who subsequently came to know that these letters had not been issued by Army authorities and were false and fabricated. On raising demand of their money, three cheques were issued by the accused persons, two of which were dishonoured. 3. The complainant further alleged that on 18.08.2021, the accused Gurmangat Singh called his elder brother Dinesh, his cousin brother Vishnu and himself to Hisar but on reaching there, they were got implicated in a false case registered under Section 365 read with Section 34 of IPC. They were taken into custody and were released on bail. By alleging that the above named accused had committed cheating and forgery with them, the complainant prayed for taking action. 4. After registration of FIR, investigation proceedings were MANJU 2025.09.26 15:26 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.32107 of 2025 -3- initiated. Accused Krishan was arrested on 06.01.2025. He suffered a disclosure statement. Accused Ritu was arrested on 02.06.2025 who disclosed that she had been introduced by her sister Meenakshi Berry with the present petitioner, her husband Gurmangat Singh and the other co-accused. Accused Gurmangat Singh had asked her to entrap public persons by giving false assurance of securing job in the Army and to extract money from them and she had joined them. She further disclosed that in the year 2020, the petitioner and the co-accused had brought five boys to Delhi by alluring them to provide job. The petitioner and herself (Ritu) had got their false medical done and the co-accused Meenakshi, Sandeep and Rohit Malik had prepared fake joining letters purported to be issued by the Army authorities. The remaining persons as named in her disclosure statements were also nominated as accused. The investigation qua the petitioner and some co-accused is still underway. Apprehending her arrest, the petitioner moved an application for grant of pre arrest bail which has been dismissed by the Court of learned Additional Sessions Judge, Fatehabad vide order dated 03.06.2025. 5. It is argued by learned counsel for the petitioner that she has been falsely implicated in this case. She belongs to a rural background and have two minor children. She had no involvement in the entire occurrence. No money had ever been paid to her. Infact, her husband MANJU 2025.09.26 15:26 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.32107 of 2025 -4- Gurmangat Singh had been abducted by the complainant and his brothers and an FIR was registered against them in this regard. To exert pressure upon her husband and herself and as a counter blast, this FIR has been registered. She is ready to join the investigation. Her custodial interrogation is not required. No recovery is to be effected from her. It is, therefore, urged that she deserves to be extended benefit of pre arrest bail. 6. Status report has been filed. It is argued by learned Deputy Advocate General, Haryana that the petitioner along with the co-accused had actively participated in cheating and defrauding the victims and duping them of their money by getting their fake medical examination done by showing that such examination was done for the purpose of their appointment with Army authorities. Her custodial interrogation is demonstrably necessary for comprehensive, proper and thorough investigation in the matter. The petitioner in connivance with her husband and the co-accused had caused financial loss to the tune of Rs.30,65,000/- to the victims It is a case highlighting a direct financial nexus between the accused to the proceeds of the fraud which requires deeper probe. The direct involvement of the petitioner in the deceptive acts is corroborated by disclosure statement of co-accused Ritu. For unearthing a complete modus operandi and identifying other potential MANJU 2025.09.26 15:26 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.32107 of 2025 -5- beneficiaries of the swindled victim and for tracing the money trail as well as to collect evidence as to fabricated medical procedure, custodial interrogation of the petitioner is must. It is, therefore, urged that the petition does not deserve to be allowed. 7. This Court has considered the rival submissions. 8. The petitioner in connivance with the co-accused and to cheat the victims is alleged to have arranged false medical examination of the victims to show that the same was to be conducted for their recruitment in Army. There are specific and serious allegations against the petitioner. The case is at its nascent stage. For conducting proper and thorough investigation in the matter and for eliciting information as to how the crime was committed, custodial interrogation of the petitioner is must. In case, the same is denied to the investigation agency, that shall leave many glaring loopholes and gaps, adversely affecting the investigation. The custodial interrogation of a suspected person is qualitatively more elicitation oriented than questioning a suspect who is well ensconced with a favourable order of anticipatory bail. In the present case, no exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. MANJU 2025.09.26 15:26 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.32107 of 2025 -6- 9. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 25.09.2025 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2025.09.26 15:26 I attest to the accuracy and authenticity of this order /judgment Chandigarh