235 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52119-2024 Date of Decision:28.04.2025 Sarbjit Kaur …Petitioner vs. State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Narinder S. Lucky, Advocate for the petitioner. Mr. M.S. Bajwa, DAG, Punjab. *** N.S.Shekhawat J. (Oral) 1. The petitioner has filed the present petition under Section 483 of B.N.S.S with a prayer to grant regular bail to her in case FIR No. 187, dated 30.08.2024, registered under Sections 143(4),3(5) of B.N.S.S and 81 of Juvenile Justice (Care and Protection of Children)Act, 2015, Police Station Kotwali, Patiala, District Patiala (Annexure P-1). 2. The FIR in the present case was registered on the basis of the statement moved by SI Gurpreet Kaur and the same has been reproduced below:- “At this time one Ruqa was received from SI, Gurpreet Kaur 110/PR, PS, Kotwali, Patiala for registered case against Kulwinder Kaur D/O Jagseer Singh R/O Village, Kusa, District Moga, Sarbjit Kaur W/O Gurjant Singh R/O Village Dulma, District Malerkotla, Rajesh Kumar S/O Amarnath, R/O Village Uddan, Sirsa Haryana and against unknown persons through by hand Constable Rajveer Singh 3154/Patiala in Police Station. The details of Ruqua is as follows, "To SHO, I, SI, alongwith ASI, HITESH 2025.04.29 12:51 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-52119-2024 -2 Sherbahadur 210/Patiala, Constable Amardeep Singh 76/Patiala, Constable Harnaam Singh 2865/Patiala, SC Gurpreet Singh 315/Patiala, Lady SC Amanpreet Kaur 3564/Patiala and PHG Shivji Gir 18290 were on a Government Vehicle bearing registration no.PB-65-BA-8134, being driven by Constable Jai Singh 1724 and were present at Sanauri Bus Stop Patiala. Alongwith Laptop, Printer regarding patrolling and in search of antisocial elements. Then secret informer informed me separately that Kulwinder Kaur W/O Jagseer Singh, R/O Village, Kusa, District Moga, who is working as a Staff nurse in some private hospital at Moga, Sarbjit Kaur W/O Gurjant Singh R/O Village Dulma, District Malerkotla, who was working as a Sweeper at Government Hospital Sangroor and Rajesh Kumar S/0 Amarnath, R/O Village Uddan, Sirsa Haryana, in connivance of each other are doing the business of selling & trafficking of new born child. Today, Kulwinder Kaur, D/O Jagseer Singh R/O Village, Kusa, District Moga, who is wearing uniform of Staff Nurse in green colour, is coming to sell new born child to Sarbjit Kaur W/O Gurjant Singh R/O Village Dulma, District Malerkotla and Rajesh Kumar S/O Amarnath, R/O Village Uddan, Sirsa Haryana and is coming near Tata Motor Workshop, Near Kedarnath Mandir, Mathura Colony, Rajpura Road, Patiala. If immediately raid is conducted then Kulwinder Kaur, Sarbjit Kaur and Rajesh Kumar can be arrested alongwith new born child. The above person have committed Offence U/S 143(4), 3(5) of BNS 2023 & 81 of Juvenile Justice (Care and Protection of Children) Act, 2015, for selling/trafficking of new born children. Information being sent to Police Station for registration of case against Kulwinder Kaur, Sarbjit Kaur and Rajesh Kumar and other unknown persons and the same is being sent through Constable Rajveer Singh 3154/Patiala, after typing and taking out the print of the same. After registration of the case, FIR number may be intimated. Copy of the FIR may be sent to Senior Officers and Illaqua Magistrate. Incharge control room may be intimated. I, SI, HITESH 2025.04.29 12:51 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-52119-2024 -3 alongwith co-employees are preceding towards the spot that is Kedarnath Mandir, Mathura Colony, Patiala. Within boundaries of Sanauri Bus Stop, Patiala. Time 2:20 PM. Sd/-SI, Gurpreet Kaur 110/PR, PS Kotwali Patiala, Dated 30.08.2024”. 3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case, as she had no concern with the allegations levelled by the complainant. He further contends that the prosecution could not find any evidence in the present case that the petitioner had any connection with her co-accused or had ever tried to contact her. He further contends that the petitioner is the District President of an opposition party at Barnala and due to political vendetta, she has been falsely involved in the present case. Further, the petitioner is undergoing treatment at AIIMS, Bathinda and was also referred to Government Medical College and Hospital, Sector-32, Chandigarh. The petitioner was arrested on 30.08.2024 and is in custody since then. After conclusion of the trial the challan has already been presented against her. 4. On the other hand, learned State counsel has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that there are serious allegations against the present petitioner, however, he could not dispute the fact that the child has been return to the family in the present case. 5. I have heard the learned counsel for the parties and perused the record carefully. 6. The petitioner is stated to be in custody for the last about 08 months. The challan has already been presented against the petitioner and no witness has been examined so far. Thus, it is apparent that there are no chances of early conclusion of the trial. HITESH 2025.04.29 12:51 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-52119-2024 -4 7. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on her furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate. (N.S.SHEKHAWAT) 28.04.2025 JUDGE hitesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No HITESH 2025.04.29 12:51 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh