CRM-M-38381-2025 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (210) CRM-M-38381-2025 (O & M) Date of decision:30.07.2025 Charanjit Kaur …... Petitioner V/s State of Punjab and anr. ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Jaspreet Singh Brar, Advocate, for the petitioner. Mr. Harkanwar Jeet Singh, AAG, Punjab. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Section 482 of BNSS is for the grant of anticipatory bail to the petitioner in case FIR No.0108 dated 09.06.2025 under Sections 308(5), 351(2), 61(2), 140(2), 318(4), 111(2), 111(3), 111(4) of BNS, 2023 registered at Police Station Maqboolpura (Police Commissionerate), Distt. Amritsar. 2. The present FIR came to be registered at the instance of Jaspal Singh alias Jani and reads as under:- Statement of Jaspal Singh alias Jani resident of Mari Buchia, Police Station Sri Hargobindpur, Tehsil Batala, District Gurdaspur now resident of House No.85, Urmur Tanda, District Hoshiarpur aged about 60 Years, Mobile No.9465693782. It is stated that I am resident of abovesaid address and does a work of agriculture at Mari Buchia and also a president of Veteran Welfare Organization Punjab. About 10/12 days ago while I was my house, I received call on my mobile No.9465693782 on WhatsApp from No.7347278422. I heard the voice of one lady who said that about 5-6 years you have got our matter SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::2:: compromised and now again there is a trouble and get our matter be settled and during the phone one person also talked that I am her father you had earlier also you got our matter compromised now also come outside Amritsar Alpha-1, I will pick you from there. On 06.05.2025 at about 1:00/1:15 PM in the day I reached outside the Alpha-1 on my car bearing No.PB-06-FB-2125, Tata Punch and I called on their same phone and said I am outside the Alpha-I. At there on lady and one man reached there on motorcycle on motorcycle and took me alongwith them into the house adjacent to street near Joshan Hospital, Maqboolpura, Mehta Road and they make me sit in one room and at their one lady who brought me there bolted the room. When I after objecting make efforts to came out after opening the door then three ladies four men came inside and they again bolted the door and locked me inside the room and out of the persons present over there, one was wearing the uniform police ASI and showed me about his ID Card and tell that I am ASI in Police. They all started giving beatings to me and forcibly removed my clothes and the lady who accompanied me, removed her clothes and one hair-cut boy wearing red check shirt started making our video on mobile phone and also gave threats, now we will lodge FIR against you and also will make your video viral and we will also kill you. In order to compromise, they demanded the huge amount and the settlement was arrived for Rs.4 Lakh and these persons started demanding the money at the spot and I replied that I am not having this such amount at this time and the person who was wearing the Police Uniform, searched me and took out the wallet from my pocket in which Rs.18,000/- and my documents, ATM Card of SBI Bank was there. Then the person who was making the video make me sit on his motorcycle and took me to SBI Bank on 100 Feet Road and where I talk to the Bank Manager that at this time, I am not having the ATM Card but I need amount in emergency. During this, Swaran Singh Golden SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::3:: was also present in the Bank who asked me that Bhaji you can transfer the amount from your account to my account and after his confirmation, I asked the Manager Sahib to transfer the amount to the account of Bhaji. On my asking, Manager Sahib transfer the amount of Rs.45,000/- to the account of Bhaji and same was handed over to me by Bhaji Swaran Singh Golden after withdrawing from his account. The same Rs.40,000/- was handed over to at the same time in the bank to the boy wearing red color Check Shirt and the said boy bring me back to the same house in the street adjacent to Joshan Hospital Maqboolpura Mehta Road and while sitting in the house agreement was written with me for pending remaining amount of Rs.3,55,000/- which is to be paid on 08.06.2025 at about 4:00 PM. My car and mobile phone were return but they kept the wallet and other remaining documents with them and I came back to my house on car. Today on 08.06.2025, I came to handover the remaining amount of Rs.3,55,000/- as per the agreement but at there this person came on car bearing No.PB- 06-AM-6400 and on apprehending suspicious I escaped away. Now I came to know that the person who was wearing the police uniform and was telling himself as ASI, his name is Sukhchain Singh son of Ranjit Singh resident of Bus Stand Umarpura, Street No.1, Batala, one is Manjit Singh son of Narinder Singh resident of 40, Labour Colony, Batala, Raja resident of Street Joshan Hospital, Maqboolpura, Kinda resident of Meera Kot, Baljit Kaur resident of Sultanwind Road, Manjit Kaur resident of Street Joshan Hospital, Maqboolpura, Khushi resident of Meera Kot, Amanpreet resident of Joshan Hospital, Maqboolpura, who had formed their gang and they passed on threat after confined me in one room and committed a fraud with me so, it is requested that legal action be taken against these accused and strict to strict punishment be given. Statement is read, heard and same is correct. SD/- Jaspal Singh alias Jani. SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::4:: 3. During the course of investigation of the present case FIR No. 108, dated 09.06.2025 (supra), accused Sukhchain Singh, Amanjeet Kaur, Manjit Singh and Baljeet Singh @ Beeta suffered their disclosure statements dated 12.06.2025 before the Investigating Officer stating that they all had formed a gang. The leader of their gang was accused-Manjit Singh. They had members in other districts i.e. Faridkot, Gurdaspur, Hoshiarpur, Jalandhar, Mansa etc, namely, petitioner-Charanjit Kaur R/o Mukarian, Sony (niece of the present petitioner Charanjit Kaur), Honey @ Rohit R/o Gurdaspur, Sarabjit Kaur R/o Faridkot, Satta, Kali Baashi, Baljit Kaur residents of Sultanwind, Sukhbaj Singh @ Baja S/o Manjit Singh S/o Narinder Singh R/o Labour Colony, Aliwal Road, Batala, Gurdaspur, Sukhman, his mother Harpreet Kaur R/o KotKhalsa, Amritsar, Raju R/o Vallha and Khushi R/o Mudhal, Amritsar. They all in connivance with one another were blackmailing persons and Manjit Singh negotiated and extracted huge amounts from innocent people. Based on these disclosure statements, petitioner-Charanjit Kaur and the other mentioned persons were also nominated co-accused vide GD No. 14, dated 12.06.2025 in the present case. During the course of investigation of the present case, one Kanwaljit Singh S/o Mahinder Singh R/o A-270, Ranjit Avenue, Amritsar gave an application bearing No. 598052-PGD, dated 13.06.2025 in the office of the Commissioner of Police, Amritsar alleging therein that Khushi W/o Kulwinder Singh, Kulwinder Singh S/o Puran Singh, Baljeet Singh @ Beeta S/o Santokh Singh, Sukhchain Singh S/o Ranjit Singh, Manjit Singh S/o Narinder Singh and Satbir Singh had edited his video with the assistance of SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::5:: A.I., extended him threats to make viral his edited obscene video on social media, to implicate him in false cases and committed cheating of Rs.20.50 Lakhs from him. The investigation of this application was also carried out in the present case vide G.D. No.24 dated 25.06.2025. The accused persons namely Baljeet Singh @ Beeta, Sukchain Singh, Manjit Singh and Satbir Singh @ Ranjha, who figured in the statement of Kanwaljit Singh, were brought on production warrant on 04.07.2025 and their police remand was obtained. Accused Baljeet Singh @ Beeta, Manjit Singh and Satbir Singh @ Ranjha made disclosure statements before the Investigating Officer that on 19.05.2025, they all along with one person, who claimed himself to be PA of some minister had taken the above said amount from the victim Kanwaljit Singh forcibly at the parking of Alpha One Mall and had obtained signatures of Kanwaljit Singh on blank documents forcibly. These documents and the entire amount was given to the present petitioner Charanjit Kaur at bridge TaranWala as she was the mastermind. Charanjit Kaur had distributed this amount amongst all of them. Rs.80,000/- had come in share of Baljeet Singh @ Beeta, Rs 50,000/- had come in share of Satbir Singh @ Ranjha, Rs.1.40 Lakh had come in share of Satnam Singh @ Satta, Rs.40,000/- had come in share of Sohan Singh R/o Mansa, Rs.20,000/- was given to the Pardhan and remaining amount was kept by the petitioner-Charanjit Kaur. They all in connivance with one another blackmailed Kanwaljit Singh by making his video and extorted Rs.20.50 Lakhs from him. 4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Her name does not find mention in the FIR and consequently, no role has been attributed to her. SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::6:: There is a delay of 03 days in the registration of the FIR which is fatal to the prosecution case. As the petitioner is a lady and ready and willing to join the investigation, she is entitled to the concession of anticipatory bail. 5. The learned counsel for the State, on the other hand, has filed a reply dated 30.07.2025 which is taken on record. While referring to the same, he contends that the petitioner is one of the members of a gang formed for extorting money from people by blackmailing them by making their obscene, morphed and edited videos/photographs. She alongwith the other accused extorted Rs.20.50 lakhs from the victim Kanwaljit Singh by blackmailing him and got his signatures on blank documents which were handed over to the present petitioner by co-accused Baljeet Singh @ Beeta, Manjit Singh and Satbir Singh @ Ranjha. The nature of the allegations are so grave that the petitioner is not entitled to the concession of anticipatory bail. Even otherwise, her custodial interrogation is necessary for fair and proper investigation in the matter as also for the purposes of recovery of the money and the signed documents of victim-Kanwaljit Singh. 6. I have heard the learned counsel for the parties. 7. The Hon'ble Supreme Court in the case of ‘Sumitha Pradeep Vs. Arun Kumar C.K. & Anr. 2022(4) RCR (Criminal) 977’, has held that merely because custodial interrogation was not required by itself could not be a ground to grant anticipatory bail. The first and the foremost thing the Court hearing the anticipatory bail application is to consider is the prima facie case against the accused. The relevant extract of the judgment is reproduced hereinbelow:- “It may be true, as pointed out by learned counsel appearing for Respondent No.1, that charge-sheet has already SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::7:: been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation. Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh CRM-M-38381-2025 (O & M) ::8:: custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.” 8. During the course of investigation, it transpired that the petitioner is one of the main accused being a member of a gang of extortionists and blackmailers. A sum of Rs.20.50 lakhs obtained from the victim-Kanwaljit Singh was given to the petitioner who distributed the amount amongst Baljeet Singh @ Beeta, Satbir Singh @ Ranjha, Satnam Singh @ Satta, Sohan Singh and one Pardhan and the remaining amount was kept by the petitioner herself. Quite apparently, the allegations against the petitioner are grave. The offence against her is prima facie established. Further, her custodial interrogation is certainly necessary not only to recover the extorted money and the signed documents of the victim-Kanwaljit Singh but also to take the investigation to its logical conclusion. 9. In view of the above, I find no merit in the present petition. Therefore, the same stands dismissed. 10. However, it is made clear that the observations made in this order are only for the purpose of deciding this bail application and the Trial Court is free to adjudicate upon the matter on the basis of the evidence lead before it uninfluenced by any such observations made. ( JASJIT SINGH BEDI) JUDGE July 30, 2025 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2025.08.01 21:35 I attest to the accuracy and integrity of this document chandigarh