Harvinder Kaur vs State of Punjab

Application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed for addition of offence under Section 406 IPC in the head note and prayer clause of the main petition.

Learned State counsel has no objection.

Allowed as prayed for. Registry is directed to make necessary amendment in head note and prayer clause of the petition by giving reference of this order.

Petitioner seeks regular bail in case vide FIR No. 38 dated 25.05.2024, under Sections 420 and 406 Indian Penal Code, Police Station Balachaur, District SBS Nagar. This is the first petition for regular bail.

As per allegations in the FIR, petitioner along with co-accused Dilbag Singh and Ram Krishan cheated complainant of Rs.7,57,000/- on the pretext of sending him to New Zealand. They neither sent the complainant abroad nor returned back his money.

Learned counsel for the petitioner submits that complainant Ankit initially filed the complaint against Dilbag Singh and Ram Krishan but later, after inquiry, name of the petitioner was added. He further submits that Dilbag Singh had been allowed anticipatory bail by this Court vide order dated 15.10.2024. In fact, it was Dilbagh Singh who asked the petitioner to receive Rs.6 lacs on his behalf, in her bank account and to transfer the amount to one Mukesh Kumar which she did. Investigation of the case was complete. Petitioner had clean antecedents, she was not involved in any other case. She had a disabled child to support. Trial would take long to conclude, therefore, she deserved to be enlarged on regular bail.

Custody certificate dated 01.09.2026 has been filed by State of Punjab, which is taken on record. Learned State counsel opposes the prayer for regular bail arguing that petitioner was named in the FIR and was main offender as she received Rs.6 lacs out of Rs.7,57,000/- from the complainant and cheated him. She also received Rs.40,000/- in cash from complainant for his medical examination. There were specific and serious allegations against her. He thus, prays for dismissal of the petition.

Co-accused Dilbag Singh has already been enlarged on anticipatory bail vide order of this Court dated 15.10.2024. Investigation of the case is complete and trial is likely to take some time to conclude. Petitioner is in custody since 24.06.2026. Her antecedents are clean. She is not involved in any other offence. There is no reason to suspect that she would evade the trial or flee from the process of law. Considering all relevant facts and circumstances but without commenting on merits of the case, the petition is allowed. Petitioner is ordered to be released on regular bail subject to her furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate concerned.

Pending miscellaneous applications, if any, stand disposed of.