JUDGMENT :

Sandeep Moudgil, J. (Oral) 

1. Relief sought

The jurisdiction of this Court has been invoked for the 2nd time under Section 483 of BNSS, 2023 seeking grant of regular bail to the petitioner in the case of F.I.R No. 155 dated 16.10.2024 (Annexure P-1) under Sections 115(2), 109, 132, 221, 190, 191(3), 304, 61(2) of BNS, 2023 and Sections 25 & 27 of Arms Act, 1959 (Section 135-A of Representation of People Act added in challan and Section 25/27-54-59 Arms Act, 1959 has been deleted in challan) registered at Police Station Baghapurana, District Moga.

2. Prosecution story setup in the present case as per the version in the FIR as under:-

'Statement of Ct. Karamdeep Singh No. 5/210/IRB Headquarter Mall Mandi Amritsar son of Mehnga Singh son of Harbans Lal resident of House No. B-1262 Bhayian Wali Gali Simbal Batala District Gurdaspur age around 30 years mobile: 79738-70581. I state that I am resident of the aforementioned address on date 23.11.2016 I was enrolled in police Commando as a Constable. On date 13.10.2024 I was deployed on election duty at Moga on 14.10.2024 I was deployed for patrolling in the villages Rajeiana, Kola Mehar Singh Wala, Budh Singh Wala, Chanu Wala etc of of Bagha Purana Sub Division. In this patrolling party ASI Narinder Singh No. 2722/PAP, Sr. Ct Kamaldeep Singh No. 727/Moga were accompanying me. The in-charge of our patrolling party was Inspector Harjit Kaur. For patrolling a private vehicle was allotted to us. On date 15.10.2024 when our patrolling party was present at village Budh Singh Wala government Elementary School at that time the gate of the school was closed. I was outside the gate. It was around 12:45 AM dated 16.10.2024. The employees deployed on election duty, after finishing their duty they started boarding the bus. Then a person inside the school, Gurpreet Singh s/o Darshan Singh r/o Budh Singh Wala who had lost the village Sarpanch election and another person accompanying him was Gurpreet Singh s/o Joginder Singh r/o Budh Singh Wala, then Gurpreet Singh s/o Darshan Singh I/o Budh Singh Wala who had lost the village Sarpanch election both of them in connivance with each other made a phone call to their group of 60- 65 persons standing outside the gate and incited them to make a rucks in front of the bus so that we can get the elections cancelled by hooliganism. The group of 60-65 persons standing outside, immediately on received a phone call started sloganeering, they were in possession of fire arms also. I asked them to refrain from such hooliganism. The employees closed the gate from inside. I started to make these unidentified people to understand then all the unidentified persons started misbehaving with me. Then I quickly threw my AR-47 rifle inside the school premises. I shouted loudly to save my rifle and in a bid to save myself I ran away from there. Then an unidentified person caught hold of me and with an intention to kill me started beating me. He attacked me on my right bicep, head, eye and my back-side. I started shouting loudly, in the meantime I heard sound from inside the school premises of gun shots. Then the unidentified persons, swiftly tore my uniform, snatched my wallet from my pocket and challenged me and ran away from the site of incidence. My wallet was containing around an amount of Rs. 40,000/- (Rupees forty thousand), Identity card, Aadhar card and ATM card. I was shouting loudly. Then the police party appeared at site of incidence which included Inspector Harjit Kaur also. They took me to Garg Hospital Bagha Purana and got me admitted there. I am undergoing medical treatment there. The cause of enmity is that Gurpreet Singh etc. had lost the village Sarpanch elections. They wanted to stop the bus of polling station employees, misappropriate the votes from this bus and to get the elections cancelled. I stopped them from doing this. Then with an intention to kill me they beat me. They created hurdles in my official duty. They tore my uniform and snatched my