Punjab-Haryana High Court
Mandeep Singh vs State Of Punjab on 28 August, 2018
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
CRM-M-17830 of 2018 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-17830 of 2018 (O&M)
Date of decision: 28.08.2018
Mandeep Singh ...Petitioner
Vs.
State of Punjab ...Respondent
CRM-M-19487 of 2018 (O&M)
Rajwinder Kaur alias Raji ...Petitioner
Vs.
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Amit Arora, Advocate for the petitioner
(in CRM-M-17830 of 2018).
Mr. Amit Dhawan, Advocate for the petitioner
(in CRM-M019487 of 2018).
Mr. A.S. Sandhu, Addl. AG, Punjab.
****
GURVINDER SINGH GILL, J.(ORAL)
Petitioners seek grant of anticipatory bail in respect of FIR No.65, dated 06.03.2018, registered under Sections 384, 342, 420, 506 and 34 IPC, at Police Station City Tarn Taran.
The FIR was lodged at the instance of Mehak @ Gurleen Kaur wherein she alleged that Harpreet Kaur had been her room mate for about 3- 4 months. However, said Harpreet Kaur indulged in illegal activities including prostitution and one FIR had been registered against her. It is alleged that the said Harpreet Kaur along with her friend used to extort money from innocent persons by black-mailing them. The complainant alleged that subsequently, the petitioner Rajwinder Kaur @ Raji who is also 1 of 3 ::: Downloaded on - 04-09-2018 09:32:14 ::: CRM-M-17830 of 2018 (O&M) 2 involved in flesh trade started residing with her and after inducing innocent persons used to threaten them to implicate them in false rape cases and used to extort money from them. It is further alleged that the said persons had earlier complained against one Advocate Jagdeep Kaur. They had also black-mailed one old person having mobile number 9815364887. It is alleged that these girls used to invite their male guests and used to get them thrashed from their male associates and used to extort money from them. It is alleged that on 04.10.2017 when the complainant was in Tarn Taran, then petitioner Rajwinder had called her and stated that she as well as Harpreet Kaur and one boy whom she used to refer to as her brother had been called in the house of Raji. When the said boy visited them he was given beatings by Gopi and Mandeep. The said boy, although in the police was threatened and was black-mailed and an amount of ` 50,000/- was extorted from his mother.
Notice of these applications was issued to the State. Learned State counsel has put in appearance and opposed the application.
The learned counsel for petitioner Mandeep Singh has submitted that the only allegation against him is that he had given beatings to one boy. It has further been submitted that the complainant herself is involved in one case FIR No. 30 dated 31.03.2017 under Sections 323, 342, 354 and 34 IPC, Police Station Phase 11, Mohali and is presently in custody and does not enjoy good antecedents. It has also been submitted that although in the FIR, allegations have been levelled that the petitioner had black-mailed one policeman in December 2017 and had black-mailed other persons also but no FIR/Complaint had been lodged by any such aggrieved person and 2 of 3 ::: Downloaded on - 04-09-2018 09:32:14 ::: CRM-M-17830 of 2018 (O&M) 3 present FIR has been lodged by a third person.
On the other hand learned State counsel has submitted that during the course of investigation statement of Constable Gurpreet Singh victim, and of his mother Kashmir Kaur has been recorded who have supported prosecution version and have stated that the accused had extorted an amount of ` 50,000/- which had been paid to them by the mother of the said constable.
I have heard learned counsel for the petitioner and also State counsel. I find that in the present case, although several persons are stated to have been black-mailed but none of the victims had come forward. During the course of investigation, statement of one constable has been recorded but it remains unexplained as to why he remained silent earlier.
Having regard to the aforesaid facts and circumstances and also bearing in my mind that the petitioner herself is facing a trial which could question her credentials in my opinion it is a fit case for granting anticipatory bail.
Accordingly both the applications are accepted and interim directions issued are hereby made absolute.
(GURVINDER SINGH GILL)
August 28, 2018 JUDGE
Poonam (II)
Whether speaking/reasoned: Yes/No
Whether reportable : Yes/No
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