Kailash Rani v. State of Punjab
Case Details
CRM-M-49411-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49411-2025 Reserved on: 01.10.2025 Pronounced on: 31.10.2025 Kailash Rani ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
The evidence might be prima facie sufficient to launch prosecution or to frame charges, but this Court is not considering the evidence at that stage, but is analyzing it for the stage of anticipatory bail. An analysis of the above does not justify custodial interrogation or pre-trial incarceration. 9. The law of bail, like any other branch of law, has its own philosophy, and occupies an important place in the administration of justice and the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal.1Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.2 Personal liberty deprived when bail is refused, is too precious a value of our constitutional system recognised under Art. 21 that the curial power to negate it is a great trust exercisable, not casually, but judicially with lively concern for the cost to the individual and the community.3 1 Supreme Court of India in Vaman Narain Ghiya v. state of Rajasthan, [E-SCR] ; [2008] 17 SCR 369, Para 16, decided on 12.12.2008. 2 Supreme Court of India in Siddharam Satlingappa Mhetre v. State of Maharashtra, SC 2J [E-SCR], Paragraph 127, decided on 02.12.2010. 3 Supreme Court of India in Babu Singh & ors v. State of UP, [E-SCR] P. 777, decided on 31.01.1978. JYOTI SHARMA 2025.10.31 15:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CRM-M-49411-2025 10. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allegations, petitioner is a woman and the other factors peculiar to this case, there would be no justifiability for custodial interrogation or the pre-trial incarceration at this stage. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage. 11. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on anticipatory bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 13. This order is subject to the petitioner’s complying with the following terms. 14. The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 15. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven JYOTI SHARMA 2025.10.31 15:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 CRM-M-49411-2025 days, providing an opportunity to avail the remedies available in law. 16. The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner’s behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 17. This bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 18. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 19. It is clarified that this bail order shall not be considered as a blanket bail order in any other matter and is only limited to granting bail in the FIR mentioned above. 20. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 21. Petition allowed in terms mentioned above. All pending applications, if any, stand
Arguments
Mr. Rajesh Kumar Kachura, Advocate for the petitioner. Mr. Akshay Kumar, A.A.G., Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 161 04.11.2024 Mamdot, District 132, 221, 126(2), 191(3), 190, Ferozepur 304 BNS 1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail. 2. 3. Per paragraph 16 of the bail petition, the petitioner has no criminal antecedents. The facts and allegations are being taken from the status report filed by the State, which reads as follows: “4. That the brief facts of the case are that PHG Gurmej Singh was serving on general duty at PS Mamdot. He along with ASI Darshan Singh, ASI Sukhchain Singh, PHG Juj Singh and ASI Om Parkash on government vehicle had gone to the house of Dea Raj son of Makhan Singh at Village Kakkar on 04.11.2024 for arresting him in FIR no.07 dated 05.02.2021 u/s 379-13,34 IPC, PS Mamdot. When the accued Des Raj was attempted to be apprehended by police party, Baldev Singh raised lalkara that today the police officials of PS Mamdot are to be taught a lesson for arresting Des Raj and they be caught. Thereafter, Kailash Rani (present petitioner) caught hold of complainant Gurmej Singh from neck pulled his collar and broke the button of his official shirt and had also snapped the shoulder of his uniform. In the meantime, Harmesh Singh also beat him and snatched his mobile phone. Joginder Kaur, Bindo, Gori and Guddo also manhandled him and gave him beatings and they tried to rescue Des Raj from the police party and had manhandled the other members of the police party.” JYOTI SHARMA 2025.10.31 15:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 1 CRM-M-49411-2025 4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 5. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 6. 7. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following portions of the status report, which read as follows: “C. The role of the petitioner. That so far as the role of the petitioner is concerned, she is the member of unlawful assembly, who created hurdles in the official duty of the government employees and petitioner caught complainant Gurmej Singh from neck and had broken the button of his shirt of uniform and had also snapped the shoulder of uniform.” 8. Petitioner is a woman and allegations are of creating hurdle in the official duty of complainant. No useful purpose would be served by detaining the petitioner in custody.
Decision
disposed of. 31.10.2025 Jyoti Sharma Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE JYOTI SHARMA 2025.10.31 15:14 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 4