Baksho vs State Of Punjab

The petitioner prays for grant of anticipatory bail in FIR No. 85 dated 07.08.2019 registered under Sections 406, 420 and 120-B IPC at Police Station Bhargo Camp, Jalandhar, District Jalandhar.

The operative part of the order dated 18.11.2019, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-

"....Counsel for the petitioner has submitted that the FIR has been registered on a totally unbelievable facts. It is further submitted that as per the allegations in the FIR, registered at the instance of one Sukhdev Raj, the petitioner was employed as a maid servant and her daughter Neetu and son-in-law namely Gurmeet Singh used to visit his house and they promised that they will solemnized the marriage of the complainant with a girl named Sanjog. In February, 2015, the daughter of the petitioner informed that the aforesaid girl Sanjog was kidnapped by somebody and they are demanding Rs. 6 lacs as ransom. Upon which, the petitioner gave the amount and some ornaments. Later on, the daughter and son-inlaw of the petitioner informed the complainant that Sanjog has been released by the kidnappers but she was not well and was admitted in the hospital and again on that pretext, some more amount was given. It is further alleged in the FIR that for the next two years, on one pretext or the other, the petitioner by using some black magic was taking the amount from the complainant, however, they did not allow the complainant to meet the girl Sanjog.

It is further stated in the FIR that the complainant has some doubt that the girl might have been murdered.

A perusal of the FIR further show that the District Attorney (Legal), Jalandhar has also given an opinion that primarily a case of cheating is made out as it is further stated in the FIR that the petitioner promised that after the marriage of the complainant with Sanjog, they will be settled in England.

The learned counsel has argued that the petitioner is an old illiterate lady aged about 60 years, who was working as a maid with the complainant and no such incident has happened. It is also submitted that complainant has given money to petitioner on a period spread over for more than 3 years but no date or manner of giving amount is stated in FIR.

Notice of motion for 17.12.2019...."

Counsel for the petitioner has submitted that, in pursuance to the order dated 18.11.2019, the petitioner has appeared before the Investigating Officer and has joined the investigation.

Affidavit of Paramjit Singh Kahlon, District Attorney (Legal), Commissionerate of Police, Jalandhar (who is present in the Court in person) filed in the Court is taken on record.

Counsel for the State, on instructions from SI Sodhi Lal, has not disputed the aforesaid fact and submits that the petitioner is no more required for further investigation.

Without commenting anything further, considering the fact that the petitioner has joined the investigation and she is not required for further investigation, this petition is allowed and the interim bail granted to the petitioner vide order dated 18.11.2019 is made absolute subject to the conditions envisaged under Section 438(2) Cr.P.C.