JUDGMENT :

Sandeep Moudgil, J. (Oral)

1. Relief Sought

The jurisdiction of this Court under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been invoked seeking the concession of regular bail for the petitioner in FIR No.113 dated 21.12.2023, under Section 307, 452, 323, 148, 149 of Indian Penal Code, 1860 and Sections 25, 27, 54 and 59 of the Arms Act, 1959 (Sections 324, 326, 450, 201 of IPC added later on) registered at Police Station Sadar Rupnagar, District Rupnagar, Punjab.

2. The Prosecution story set up in the present case as per the version narrated in the instant FIR reads as under :-

'Copy of the Statement "Statement of Charan Dass s/o Balak Ram s/o Tulsi Ram r/o Village Bardar P.S Sadar Rupnagar District Rupnagar aged about 35 years Mobile No. 98159-58678 stated that I am the resident of the abovementioned address and doing the work of agriculture. Today as per the daily routine at about 6:15 AM, I went to the Temple of Peer Baba in my village which is at a close distance to my house for paying obeisance and when I entered the temple and was paying obeisance in the meantime in the temple, Sudagar Singh son of Mehar Singh armed with country made pistol in his hand along with Kulwinder Singh @ Kala son of Hem Raj armed with uncovered sword (Kirpaan) in his hand and after them Harpreet Singh @ Happy son of Ram Lok who was holding in his hand iron Sickle came. All the above persons are the residents of my village. Then Sudagar Singh while pointing his pistol at me told me by stating that run where you intend to run in the meantime Pollu Ram son of Bhagat Ram resident of Bardar standing near the gate of the temple was armed with iron sickle raised Lalkara by stating that I should not go Scott free who all of them in connivance with each other started beating me. Then Kulwinder Singh gave two/three Kirpan blows on my right leg with the Kirpan held by him in his hand and when I tried to flee in order to save myself then Pollu Ram who was present at the gate gave sickle blow which hit on my left arm bicep. I ran towards my house and entered the gate and closed the gate then one Fortuner car colour white and Maruti Car bearing No. PB-12-H-6788 of white colour came at the gate of my house from which Kulwinder Singh son of Karnail Singh, Kuku Singh son of Maal Singh, Satnam Singh son of Sohan Singh all residents of village Haripur alighted who were armed with Kirpans and Kulwinder son of Karnail Singh armed with revolver along with 7/8 other unknown persons who were also armed with iron rods and dandas who entered into my house by jumping the wall. I raised hue and cry. My wife Saroj raised hue and cry from the roof of my house and when I tried to flee, I fell down. Then Harpreet Singh alias Happy son of Ram lok resident of Bardar with an intention to kill me hit the sharp pointed edge of Kirpan on the left side of my arm and while rotating the Kirpan he pulled out the same. Then Kulwinder Singh @ Kala R/o Bardar with an intention to kill me gave Kirpan blow which hit on the back side of my head. All the abovenamed persons said to each other that he should not be kept alive. When I was lying on the ground the abovenamed accused persons and their companions caused more injuries on me. Then after hearing the hue and cries Sudagar Singh son of Sucha Singh and my nephew Onkar Singh son of Hakam Singh from the village came at the spot who have also raised hue and cry. Then all the abovesaid persons by seeing the people gathering and thought of me as dead fled away from the spot with their respective weapons in their respective vehicles. Then Sudagar Singh and my nephew Onkar Singh brought me in injured condition to Civil Hospital Rupnagar for treatment in my car, keeping in view my was referred Chandigarh by to where serious condition, GMCH, doctor the treatment is going on in Sector-32, where my The abovesaid persons have caused serious injuries to me by attacking me with the intention to kill. Appropriate Legal Action be ta