IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 14.01.2025 Jitender ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Rajnish K. Gupta, Advocate for the petitioner.

Ms. Ankita Ahuja, AAG Haryana.

Mr. Imtiyaz Hussain, Advocate for the complainant.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioner in case bearing FIR No.348 dated 20.10.2024, registered for the offences punishable under Sections 115(2), 117(2), 118(1)(2), 190, 191(3), 351(2)(3), 109(1) of BNS Act, at Police Station Gadpuri, District Palwal, Haryana.

2. The gravamen of the FIR in question reflects that the criminal proceedings were initiated based on a complaint dated 20.10.2024 filed by Kuldeep, son of Trilok Chand, a resident of Village Janoli, District Palwar. In his complainant, he alleged that on 19.10.2024, at around 11:15 p.m., his younger brother namely Anil was sitting at a nearby Chaupal when accused Jitender, son of Mauji Ram, arrived and began abusing his brother without any reason. When his brother namely Anil objected, then accused Jitender, in a pre-planned conspiracy, called upon his family members namely Ashish, Samay Singh, Kunal (Sagar), Vishnu, Ankur, Lokesh, Sukhi Ram, Sharda and Amar Singh, who all were armed with weapons like axes, iron rods and piles. Thereafter, they attacked his brother namely Anil and when he raised an alarm, father of the complainant namely Trilok Chand, brothers of the complainant namely Prahlad, Ravinder, and the complainant himself rushed to his aid. All the assailants then attacked the complainant’s side with the intent to kill and caused severe injuries. The finger of the father of the complainant was severed and his ribs were fractured whereas the brothers of the complainant namely Anil and Prahlad sustained serious injuries, with Prahlad currently unconscious at Safdarjung Hospital, Delhi. However, the other brother of the complainant brother namely Anil is admitted to Badshah Khan Hospital, Faridabad and the father of the complainant is under treatment at ESI Hospital, Faridabad. The complainant and his brother namely Ravinder also sustained multiple injuries in the occurrence. Furthermore, it was alleged that all the aforesaid accused even chased and attacked the vehicle of the complainant side while they were taking the injured for treatment and broke the rear glass of the vehicle. It was further alleged that this attack was a result of a premeditated conspiracy and old enmity. On these set of allegations, initially, instant FIR under Sections 190, 191(3), 115(2), 118(1), 351(2), (3) of the BNS, 2023 was registered against the accused. Thereafter, during the course of investigation and on receiving the opinion of the doctor, Sections 117(2), 118(2) and 109 of BNS, 2023 were added.

3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further iterated that the Sessions Court, while declining the anticipatory bail plea of the petitioner, has failed to appreciate that the complainant party was, in fact, the aggressor in the instant case. According to learned counsel, it is evident from the circumstances that brother of the complainant namely Prahlad first went to the shop of Sukhi Ramand Sharda (one of the accused) and used vulgar and abusive language. Thereafter, he called his family members, who has arrived with deadly weapons such as axes and iron rods & inflicted multiple sharp and grievous injuries upon the petitioner’s side. In the ensuing scuffle, the complainant party also sustained injuries which clearly present a case of version and cross-version. However, on account of the political influence, no FIR has been registered against the complainant party till date, reflecti