JUDGMENT :

SUMEET GOEL, J.

Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.287 dated 23.10.2024, registered for the offences punishable under Sections 109, 127(1), 303(2), 324(4), 118(1) & 3(5)of the BNS, 2023, registered at Police Station Phillaur, District Jalandhar.

2. The gravamen of the allegations against the petitioner is that complainant, namely, Harjot Singh, son of Balwinder Singh, stated that he is a resident of Janta Nagar, Bhagwan Chowk, near Military Camp, Ludhiana, and is working as an Accountant. He further stated that his sister is married and that he intended to go abroad, specifically to Canada. In this regard, he came into contact with Jagjit Singh alias Jassi, son of Bagga Singh, resident of Mehatpur,District Jalandhar, and his brother Gobind Singh (petitioner herein). Both accused represented that they were engaged in sending persons abroad and induced the complainant with the assurance that they would facilitate his migration to Canada. They demanded a sum of Rs.23,00,000/- for the said purpose. Believing their representations, the complainant paid the demanded amount to the accused. However, despite receiving the money, the accused neither sent the complainant abroad nor refunded the amount and continued to delay the matter on one pretext or another.

On 21.10.2024, the complainant, along with his friend Karan, went to Police Station Nakodar to lodge a complaint against the accused. After submitting the complaint, while returning in their Baleno car bearing registration No.PB09-1P-8363, the accused Jagjit Singh and Gobind Singh (petitioner herein), accompanied by two unknown persons, followed them in a Fortuner car. At about 5:00 PM, near the main highway under the bridge at Phillaur, the accused wrongfully restrained them by parking their Fortuner in front of the complainant’s vehicle. Upon alighting from the vehicle, the accused immediately snatched the car keys of the complainant.

Thereafter, Gobind Singh (petitioner herein), who was armed with a sword, attacked the complainant with the intention to kill him. The blow struck the right side of his chest. Jagjit Singh also inflicted a second sword blow, which hit the complainant on his left bicep. A third blow was inflicted by one of the unknown accused with a khanda, which struck the complainant below the knee. Subsequently, the petitioner again inflicted a kirpan blow on the complainant, which hit his right wrist, while Jagjit Singh attacked the complainant’s friend Karan with a kirpan, causing an injury near the left ear on the neck. Thereafter, the petitioner gave another sword blow, which struck Karan on the right side of his chest. Both the complainant and his friend started bleeding profusely. Despite this, the accused persons continued the assault by throwing bricks and stones, causing damage to the vehicle and breaking its window panes. The accused also snatched a handbag containing Rs.75,000/- in cash and a mobile phone iPhone 15 Pro Max, and deliberately smashed another Samsung mobile phone by throwing it on the ground.

A passerby informed the police by calling 112, following which the injured were taken to Civil Hospital, Phillaur, and later referred to DMC, Ludhiana, where they remained under medical treatment. The complainant alleged that Jagjit Singh, Gobind Singh (petitioner herein), and their two unknown accomplices, acting in furtherance of their common intention, inflicted the injuries with a clear intention to commit murder.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 16.01.2025. Learned counsel has further iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has iterated that one of the injured, namely, Harjot Singh is a habitual offender and a complaint was made by the brother of the present petitioner against sai