The court granted anticipatory bail, emphasizing that pre-trial incarceration is not justified based on the nature of allegations and the need to balance the accused's liberty with a fair trial.

JUDGMENT :

Anoop Chitkara, J.

IN

1. The petitioner apprehending arrest in the GD captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are being taken from the GD, which reads as follows:

"At about this time, Const. Baljeet Singh came present in Police Station who stated as under and presented Roznamcha written by ASI Taranjeet Singh. The contents of which are, "statement of Harvir Singh son of Jaspal Singh resident of Bharpurgarh, Police Station Amloh, District Fatehgarh Sahib aged about 30 years, 84371-xxxxx stated that I am resident of aforesaid address and does labour. Gurtej Singh son of Dharam Pal Singh resident of village Bharpurgarh, Police Station Amloh, District Fatehgarh Sahib is son of my Taya (uncle). On 29.08.2024 at about 6 PM me and Gurtej Singh and sukha son of Harmesh Singh, sunny son of Kulwant Singh who are my nephews were repairing the machine at the house of Gurtej Singh, then our neighbourer Bhagat Singh son of Hardev Singh resident of village Bharpurgarh, Police Station Amloh, District Fatehgarh Sahib came at our residence who said to my brother Gurtej Singh that our electricity wire has been damaged and you mend that, then my brother Gurtej went to repair the same, then in the meantime Harpreet Singh son of Birbal Singh who is an private employee of Electricity Department came there who started arguing with our neighbourer Bhagat Singh. Then my brother tried to pacify Gurtej Singh from arguing that don't argue like this with an old man. On that they started arguing and Harpreet Singh left from the spot. After sometime Harpreet Singh son of Birbal Singh resident of Kapoorgarh having Dah alongwith Iqbal Singh son of Birbal singh having armed "Barchha", Paramjeet Kaur wife of Birbal singh resident of Kapoorgarh, Jashanpreet Singh @ Manga son of Hoshiar Singh armed with axe, Hushiar Singh son of Pritam Singh armed with Soti, Baljeet Kaur wife of Hushiar Singh resident of Bharpurgarh, P.O. Amloh alongwith weapons came there with intention to attack on Gurtej Singh son of Dharampal Singh entered the house, then I tried to stop them, but Hushiar Singh gave Soti blow on my hand and after pushing me entered and Jashanpreet Singh @ Manga gave an axe blow on the left side of the head of Gurtej Singh. Gurtej Singh fell down and while lying down, Harpreet Singh gave Gandasi blow on the right side of his head. Then Iqbal Singh @ Palli gave Barchha blow on the backside of the head of Gurtej Singh and all these three persons brought dragging Gurtej Singh outside and started beating Gurtej singh, then Baljeet Kaur wife of Hoshiar Singh and Paramjeet Kaur wife of Birbal Singh started brick battng, which struck at our tractor, which caused loss to tractor. In the meantime, me and my nephew Sunny, Sukha started raising 'Raula', then after hearing our cries and seeing the gathering of people, the above mentioned persons after their motorcycle leaving no. PB- 13BG-6918 make Splendor ran away from the spot alongwith their weapons. Along these persons three, four more persons who took away them on this vehicle. If had the people did not gather there on hearing our cries and do not chase them they would have killed my brother Gurtej Singh. Then I took my brother in car bearing no. PB- 21A-4995 make Zen and got admitted him in G.H. Amloh, from where he was referred to C.H. Fatehgarh Sahib after gettng first aid due to several injuries. Then I took my brother Gurtej Singh to C.H. Fatehgarh Sahib where doctor after checking him referred my brother to C.H. Sector 32, Chandigarh where he