IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (206)

CRM-M-15746-2025 (O&M)

Date of Decision:27.08.2025 HUSNA ...Petitioner Vs.

STATE OF PUNJAB ...Respondent CORAM:- HON'BLE MR. JUSTICE ALOK JAIN Present: Mr. Sachmeet Singh Randhawa, Advocate for the petitioner.

Mr. Japjot Singh, AAG, Punjab.

ALOK JAIN , J. (Oral)

1. The present petition has been filed inter alia praying for grant of regular bail to the petitioner in case FIR No. 0133 dated 07.11.2024 under Section 140(3), 87, 191(3), 190, 64, 61(2) of BNS, 2023, registered at Police Station Mehtapur, District Jalandhar.

2. Mr. Pankaj Bains, Advocate puts in appearance on behalf of the complainant and has filed her Vakalatnama, which is taken on record.

3. Learned counsel for the petitioner submits that the entire story narrated in the FIR is false and fabricated and the petitioner has been wrongly entangled in the present FIR. He further submits that complainant has furnished an affidavit dated 10.02.2025, Annexure P-3 whereby she states that she do not wish to pursue the present FIR against the petitioner. Learned counsel for the petitioner further submits that complainant has married to one of the accused, i.e. Sonu.

4. Learned State counsel has also filed the custody certificate of the petitioner in Court today, which is taken on record, according to which the petitioner is in custody for the last 08 months and 10 day (as on 26.08.2025) and has submitted that the petitioner has clean antecedents and no other case has been pending against her.

5. In light of the above and considering the fact that the petitioner has clean antecedents and has been in custody for last 08 months and 10 days and the fact that the trial is likely to take some time, therefore, no useful purpose would be served by keeping the petitioner in custody, hence, the petitioner is entitled to the grant of the concession of regular bail.

6. Without commenting upon the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail if not required in any other case by furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate/CJM, concerned. She shall, however, be released on the following conditions:

i.The petitioner shall declare her ordinary place of residence and the mobile number used by her.

ii.The petitioner will not switch off her mobile and in case of any technical glitch, she has to give an alternate number, which will be available in her absence.

iii.The petitioner will mark her presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark her presence, she is permitted to make an application before the Illaqa Magistrate, concerned.

iv.The petitioner will not leave the country without the prior permission of the Court, for which she will submit the copy of her passport also. However, in case the petitioner does not possess a passport, then she shall file an undertaking to the said effect before being released.

The petitioner shall abide by the terms and conditions as imposed in addition to Section 439 of Cr.P.C.

7. It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail.

8. However, nothing stated above shall be construed as a final expression of opinion on the merits of the case.

9. It is further made clear that this order shall not be construed as parity qua any other co-accused.

10. The present petition brings out a shocking revelation as to the transformation in the society where citizens of this Country are filing false FIRs thereby abusing the process of law and puttng the life and libery of the others at peril. In the present case, serious allegations are made by the complainant, who happens to be the youngest sister of the petitioner, not only against her but against various other persons,