JUDGMENT :

Manjari Nehru Kaul, J.

1. The petitioner in the instant (second) petition is seeking the concession of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in case FIR No. 35 dated 05.05.2022 under Sections 302, 326, 325, 324, 323, 201, 148, 149 of the IPC registered at Police Station Qadian, Police District Batala, District Gurdaspur.

2. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated in the present case for allegedly being part of an unlawful assembly which attacked the complainant party, resulting in injuries on four persons and the death of one person, Joga Singh (hereinafter referred to as 'deceased'). Learned counsel has submitted that although the petitioner has been named in the FIR in question, however, unexplained delay of more than 34 hours in the filing of the FIR clearly hints towards a fabricated version having been brought forth by the complainant party on account of a previous land dispute between the parties.

3. It has been further submitted by learned counsel for the petitioner that even though the petitioner has been in custody since 11.05.2022, the trial has not concluded, and there is still no likelihood of the trial concluding in the near future as 10 prosecution witnesses remain to be examined, hence, further incarceration of the petitioner would serve no useful purpose, moreso when there can now be no likelihood of the petitioner trying to tamper with evidence or influence the prosecution witnesses as the material witnesses stand examined.

4. Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions, has submitted that the petitioner is in fact one of the prime accused in the occurrence in question which was a premediated attack; the petitioner in collusion with the co-accused went to the place of occurrence armed with lethal weapons; the petitioner was not only specifically named but was armed with a gandasi with which he inflicted multiple injuries on the two injured witnesses PW2-Harpreet and PW3-Amanpreet Singh. Besides this, the petitioner also inflicted various injuries on the person of the deceased, including his forehead and head. In support, learned State counsel has drawn the attention of this Court to the FIR which has been annexed as Annexure P-1 and stands reproduced hereinunder:-

"Statement of Charan Singh son of Sulakhan Singh, resident of village Kahlwan, Police Station Qadian, aged 66 years, Mobile No. 89685-23177. Stated that I am resident of above said address and an agriculturist by profession and our residential accommodation is at Dera. Our dispute with Gurmukh Singh son of Ajit Singh resident of Kahlwan is pending since a long time in regard to passage that leads to our house and 3/4 days earlier, Gurmukh Singh lodged a complaint against us on the issue of burning of stubble residue and we were called to police station Qadian on 04.05.2022 regarding the complaint and me and my sons Harpeet Singh, Amanpreet Singh and my nephew - Joga Singh son of Major Singh were going to police station Qadian on 04.05.2022 on our respective motorcycles. That when we reached the way that leads to government Hospital Qadian, time at about 10.30 AM then Gurmukh Singh son of Ajit Singh carrying Sword, Kulwant Singh @ Heera son of Gurmukh Singh carrying Datar, Jaswant Singh @ Sonu carrying Spade and wife of Jaswant Singh @ Sonu carrying Daang, Dharam Kaur wife of Gurmukh Singh carrying Sword, Gurdial Singh @ Sabi son of Lakhwinder Singh carrying Datar, Gurjant Singh @ Laddi son of Lakhwinder Singh carrying Gandasi, residents of Kahlwan were standing there and looking at us. On seeing us, above said Gurmukh Singh raised Lalkara and said - catch them, they should not left unhurt and we in our defence ran towards the fields where sugarcane were sown after throwing our respective motorcycles but they all gathered around us while we were empty hande