IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

220 Date of decision: 27.10.2025 Rajinder Kaur .....Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. Siddarth, Advocate for the petitioner.

Mr. Rakesh Kumar Jangra, AAG, Haryana.

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AMAN CHAUDHARY , J. (ORAL)

1. Prayer in the present petition filed under Section 483 BNSS is for grant of regular bail to the petitioner in case FIR No.05 dated 08.01.2022 registered under Sections 370(5), 120-B IPC and Section 81 of JJ Act, at Police Station DLF PH-III Gurugram.

2. Learned counsel submits that the petitioner has been in custody for more than 03 years and 09 months. No recovery is effected from him. The previous bail petition was withdrawn on 01.09.2025 in view of the fact that the bail petition filed by co-accused Vimla Devi having similar role, was dismissed by this Court against which SLP was pending, which has since been allowed on 18.09.2025 by Hon'ble the Supreme Court. Co-accused Reena and Paramjeet Kaur alias Pammi as also Veena and Veeta alias Radha have already been granted regular bail by this Court. Charges stand framed on 06.08.2022, however, only 19 prosecution witnesses out of the 49 have been examined. She is not involved in any other case.

3. The custody certificate dated 24.10.2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars in this case for 03 years 09 months and 05 days.

4. Learned State counsel opposes the bail on the ground that the petitioner had actively participated in the commission of the offence, as also a mobile phone was recovered from her and as per call details, she was continuously in touch with co-accused Veena and Shivani. However, he is unable to controvert the submissions with regard to stage of the trial, co-accused having already been granted bail and the petitioner not being involved in any other case.

5. Heard.

6. Considering the facts and circumstances of the case, in particular that the petitioner is in custody for 03 years 09 months and 05 days; not involved in any other case; co-accused having been enlarged on bail; charges stood framed on 06.08.2022 and only 19 witnesses have been examined so far out of a total of 49; the trial is likely to take a considerable time, further incarceration of the petitioner would be violative of her right enshrined under Article 21 of the Constitution of India, the present petition is allowed.

7. The petitioner is ordered to be released on regular bail subject to the petitioner furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned, if not required in any other case and shall abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, she is an accused, or for commission of which she is suspected of.

(v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse her liberty.

(vii) The petitioner shall furnish her address and mobile number by way of an affidavit to the trial Court and not change the same till conclusion of trial and if for any reasons, she seeks to change either of the aforesaid, it shall be done only with prior information to the learned trial Court.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner