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2025 Supreme(Online)(PH) 1515
HIGH COURT OF PUNJAB AND HARYANA
Mr. Justice Anoop Chitkara, J
PARDEEP SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
Mr. T.P. Singh, Advocate for the petitioner. Mr. Akshay Kumar, AAG, Punjab.
Anticipatory bail granted despite injuries being on a vital part, as the force used was not significant, reflecting social conditioning rather than intent to cause serious harm.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 331(6), 115(2), 191(3), and 190 - Anticipatory bail application - The petitioner, apprehending arrest, sought anticipatory bail, asserting no criminal antecedents. The complainant detailed an assault involving multiple accused, including the petitioner, due to a familial dispute over a marriage. Medical reports indicated simple injuries. The court found the attack not to be of significant force, allowing bail under stringent conditions. (Paras 1-16)
(B) Bail - Conditions - The court emphasized the need for the petitioner to comply with statutory bond conditions and not to tamper with evidence or influence witnesses. (Paras 11-13)
Facts of the case:
The petitioner was involved in an altercation stemming from a familial dispute regarding a marriage, leading to injuries inflicted on the complainant. The incident occurred at night, with multiple assailants identified.
Findings of Court:
The court granted anticipatory bail, noting the nature of injuries and the context of the attack.
Issues: The primary issue was whether the nature of the injuries warranted denial of bail.
Ratio Decidendi: The court determined that while the injuries were on a vital part, they were not inflicted with significant force, thus allowing bail.
Result: Petition allowed.
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 3 | 4.1.2025 | Sadar Mansa, District Mansa | 331(6), 115(2), 191(3), and 190 BNS |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023, [ BNSS ], seeking anticipatory bail.
2. As per paragraph 22 of the bail application, the accused has declared that he has no criminal antecedents.
3. The facts of the case are being taken from the reply dated 17.03.2025 filed by the concerned DySP, which reads as follows:-
“(ii) In the statement complainant/injured Kaka Singh had stated that. "I am resident of the above said address and is a agriculturist. About 30 years ago, I was married with Rani Kaur d/o Gurbachan Singh resident of Thuthianwali. My brother-in-law Harminder Singh, is having a daughter named Ramanpreet Kaur aged about 19 years and a son Dilpreet Singh whose age is about 16 years. The wall of the house of my nephew Sukhveer Singh son of Buta Singh aged about 22 years adjoined the wall of my house. About 20-21 days ago my nephew Sukhveer Singh ran away with my brother-in-law's daughter Ramanpreet Kaur and they got married with their consent but without the consent of with the family members. We heard that we all family used to say to my nephew Sukhveer Singh and his family members that Sukhveer Singh has not done well, he has not done well, he has insulted us and my in-law's family. Due to this reason his family has started keeping grudge with us. On dated 01.01.2025, I was laying on the cot in the courtyard of the animal porch in my house, my son Vicky Singh, along with his family members was laying in front of the veranda, in the room. At that time, it was about 09:30 pm, the light in our veranda was glowing. in the glow of which, I saw that on the stairs on the roof of the house, my nephew Jaspreet Singh @ Jassa son of Buta Singh, armed with an iron pipe, Sukhveer Singh @ Harry son of Buta Singh armed with Iron Ghop, Buta Singh son of Dalwara Singh armed with stick, Binni Singh son of Binder Singh resident of Raipur armed with gandasi, Pardeep Singh son of Binder Singh, resident of Narindrapura armed with an iron rod, came near the cot, Pardeep Singh raised a lalkara and told to Jassa Singh to beat Kaka Singh and teach lesson to him, who regularly says that your son Sukhveer Singh @ Harry has enticed away his brother- in-law's daughter. Meanwhile, Jassa Singh attacked my right knee with his armed iron pipe. I got up from the cot and sat down and Pardeep Singh hit me on the head with an iron rod, then Sukhveer Singh @Harry hit me the right bicep near elbow with the ghop iron of the butt side which he hold in his hand. Buta Singh hit me on left side of the back with his armed stick and Binni Singh hit me with his armed gandasi from reverse on the left shoulder and the Jassa Singh inflicted another blow of his armed iron pipe towards me and while saving myself I got injury on my right hand. I raised hue and cry, on hearing my shouts, my son Vicky Singh came on the spot, he cried loudly that Papa be strong I am coming. Due to this Jassa Singh and others ran away from the spot along with their weapons. The reason for the enmity is that Ramanpreet Kaur daughter of my brother-in-law Harminder Singh as mentioned in my statement, was abducted by Sukhveer Singh, as we have raised objection in this respect, as such, Jassa Singh etc. above mentioned in-connivance with each other had inflicted injuries to us. If my son was not present on the spot, then these people might have killed me. On dated 31.12.2024, my sister-in-law Karamdeep Kaur wife of Satgur Singh who had come to my house to meet the family. My son Vicky Singh arranged the vehicle and got me admitted to Government Hospital Mansa for treatment on the same day. Whole incident was seen in the light of our house and all these persons ran away through on the stairs of our house along with respective weapons. I have got recorded my stateme
