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2026 DAILYLAW 27210 (PNJ)

KAMALJIT KAUR DHALIWAL v. STATE OF PUNJAB

CRM-M/12971/2026 · 2026-07-09

Sumeet Goel

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Judgment text

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CRM-M-12971-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 CRM-M-12971-2026 Date of decision : 09.07.2026 Date of uploading : 09.07.2026 Kamaljit Kaur Dhaliwal ………….Petitioner Versus State Of Punjab …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. S.S. Aulakh, Advocate for the petitioner. Mr. Jaypreet Singh, DAG, Punjab. --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.0275 dated 20.12.2025 under Sections 308(4), 308(7), 351, 61(2) of BNS, 2023, registered at Police Station Division No.6, Commissionerate Jalandhar. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- “With reference to Application Number 1085BH Date 20.12.2025, The SHO Div.No.6 Jalandhar Sub: Receiving threat E-Mails Regarding Ransom, Sir, I Rajesh Kumar S/o Sh. Mohan Lal R/o 42-R, B-Block Model House Jalandhar informs you that my son Hitesh Kumar and Nephew Rahul Khurana jointly running a business at Jass Baker's 270-R, Rainbow Road Model Town Jalandhar from 4th Dec. 2025. We have received threat E-Mail on our Email-Jassbakers270@gmail.com from Robertadnan006@gmail.com demands Tax (Ransom) otherwise be ready to face bullets. Culprits also watched our shop nearby and no ransom money is being demanding till now. So, I request you to look into the matter and necessary action against culprits. So that our family feel free from this fearness situation. I submmited E-Mail copy for evidence. I respectfully request to treat this matter with urgency. Thank You, Rajesh Kumar (English) 42-R, B-Block Model House Jalandhar M: 98150-74590. JATIN 2026.07.09 17:54 I attest to the accuracy and integrity of this document CRM-M-12971-2026 -2- Police proceedings: Today, I myself ASI along with ASI Sharanjit 720 and PHG Tejinder Man Singh 14310 were present at the police station when the Station House Officer of Police Station Division 6, Jalandhar informed over telephone that Rajesh Kumar son of Shri Mohan Lal, resident of House No. 42- R, B Model House, Jalandhar, presently shopkeeper at Jas Baker, 270-R Model Town, Jalandhar, had received a threatening call from unknown persons. Upon this information, Myself ASI along with accompanying officials reached Shop No. 270-R Model Town, Jalandhar, where Rajesh Kumar son of Mohan Lal was found present at his shop, where he submitted an application regarding receipt of threat call upon his Mail Jassbakers270@gmail.com Robertadnan006@gmail.com from Email From the contents of the application, commission of offence under Sections 308(4), 308(7), 351, 61(2) BNS is found to be made out. Upon this, after writing police proceedings on the application, PHG Tejinder Man Singh 14310 is being sent to the Police Station for registration of the case. After registration of the case, the case number be informed. Information be given to the Control Room. Special reports are being issued and may be sent for the kind perusal of senior officers. I myself ASI am busy at the spot conducting investigation. Today at the area of Rainbow Road, Model Town, Jalandhar at 12.00 PM, Sushil Kumar ASI/2258 PS Division 6 Jalandhar dated 20.12.2025. Today at the Police Station, upon receipt of the above writing, the First Information Report under the aforesaid sections has been registered and entered in the register, and the original writing along with copy of the FIR for further investigation is being sent by hand through PHG Tejinder Man Singh 14310 to the ASI posted at the spot. Information is being given to the senior officers and to the Control Room. Completion report No. 10 dated 20.12.2025.” 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 24.12.2025. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that, assuming arguendo, the prosecution version is taken to be correct, the culpable act ascribed to the petitioner is that she sent a threatening email, but thereafter no palpable action has been taken at her end. Learned counsel has further reiterated that the petitioner is a lady aged about 29 years. Thus, regular bail is prayed for. 4. Learned State counsel has filed status report by way of affidavit dated 23.06.2026 in Court today. The same be kept on record. Copy thereof has been furnished to learned counsel for the petitioner. Raising submissions in tandem with the said reply, learned State counsel has JATIN 2026.07.09 17:54 I attest to the accuracy and integrity of this document CRM-M-12971-2026 -3- opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned counsel has further urged that there is no palpable evidence against the petitioner so as to connect her with the crime in question. Learned State counsel seeks to place on record custody certificate dated 08.07.2026 in Court, which is taken on record. Learned State counsel has drawn the attention of this Court to paragraphs 4, 5 and 6 of the State's reply, which read thus:- “4. ROLE OF THE PETITIONER: That during the course of investigation, the details pertaining to the e-mail address robertadnan006@gmail.com, which had been used to send the threatening and extortionist e-mail to the complainant's business e-mail address Jassbakers270@gmail.com, were obtained with the aid and assistance of the Technical Cell, Commissionerate Jalandhar. Upon technical analysis and examination of the electronic evidence, it was revealed that the IP address associated with the aforesaid e-mail account was linked to mobile number98721-56068. Thereafter, the Customer Application Form (CAF), subscriber details, and other relevant records pertaining to the said mobile number were procured and scrutinized during the investigation. The investigation disclosed that the aforesaid mobile number was registered in the name of the present petitioner. In view of the technical evidence collected during investigation, which prima facie connected the present petitioner with the e-mail account used for transmitting the threatening messages, his involvement in the commission of the offence surfaced. Consequently, the present petitioner was nominated as an accused in the instant FIR(supra)vide DDR No. 31 dated 24.12.2025 and further investigation was carried out in accordance with law. 5. EVIDENCE AGAINST THE PRESENT PETITIONER: That on 24.12.2025, the present petitioner was arrested in accordance with the procedure established by law. During the course of investigation, the petitioner was subjected to interrogation, wherein she suffered a disclosure statement admitting that she had created and operated the fake e-mail account, namely robertadnan006@gmail.com, and had used the said e-mail ID to send threatening and extortionist e-mails to the complainant on the e-mail address Jassbakers270@gmail.com with the intention of unlawfully extracting money from him. It is further submitted that, during investigation, an iPhone 15 mobile phone belonging to the JATIN 2026.07.09 17:54 I attest to the accuracy and integrity of this document CRM-M-12971-2026 -4- petitioner, which was suspected to have been used in the commission of the offence and for creation and operation of the aforesaid e-mail account, was seized by the Investigating Agency in accordance with law. In order to scientifically examine and verify the digital evidence, the said device was forwarded to the Forensic Science Laboratory (FSL) vide Road Certificate No. 91/21/26 dated 21.02.2026 for forensic analysis and extraction of relevant electronic data. The forensic examination is expected to reveal crucial evidence regarding the creation and use of the fake e-mail account, the transmission of threatening communications, internet activity, device usage patterns, and other digital footprints connecting the petitioner with the commission of the offence. However, the FSL report has not been received till date and is still awaited. The final forensic findings are likely to have a significant bearing on the investigation and prosecution of the present case. 6. CRIMINAL ANTECEDENTS OF THE PETITIONER: That the investigation agency to ascertain the criminal antecedents conducted due diligence, however, no FIR other than the present FIR(supra) come to light.” 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 24.12.2025 wherein after investigation was carried out and challan qua the petitioner stands presented on 23.02.2025. Total 11 prosecution witnesses have been cited but none has been examined till date. It is thus indubitable that culmination of trial will take its own time. The rival contentions raised by learned counsel give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 08.07.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period JATIN 2026.07.09 17:54 I attest to the accuracy and integrity of this document CRM-M-12971-2026 -5- of 06 months and 12 days & is shown to be involved in other cases. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial JATIN 2026.07.09 17:54 I attest to the accuracy and integrity of this document CRM-M-12971-2026 -6- Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. Ordered accordingly. 10. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 09.07.2026 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2026.07.09 17:54 I attest to the accuracy and integrity of this document