IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION :- 14.01.2025 Avi Malhotra and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present:- Mr. R.S. Rai, Senior Advocate with Mr. Anurag Arora and Ms. Prachi Gupta, Advocates for the petitioners.

Mr. Anup Singh, AAG, Punjab.

Mr. L.S. Lakhanpal, Advocate for the complainant.

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SUMEET GOEL , J . (Oral)

1. Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioners in case bearing FIR No.146 dated 10.07.2023, registered for the offences punishable under Sections 341, 323, 148, 149 (Sections 307, 325 added later on) of IPC at Police Station Kharar, District S.A.S. Nagar (Mohali).

2. The case set up in the FIR in question (as set out in the present petition by the petitioners) is as follows:-

“Copy of statement, statement of Vikramjit Singh @ Vicky son of Balwant Rail, resident of Ward No. 9, Street Janeja Rice Mill Rania, Sirsa, P.S. Rania, Sirsa, District Sirsa, Haryana at present resident of Tenant in Flat No. 432, Top Floor, Noor Homes, Sector 115, Santemajra, Mohali, P.S. Sadar Kharar, District SAS Nagar, aged about 32 years, Mobile No. 99917- 10959, 9872221213. Stated that I am resident of above mentioned address and I am running a cloth shop in Village Sahi Majra. Today in the night, myself and my friend Ajay Kumar son of Balwinder Kumar resident of Village Barkatpur, P.S. Julka, District Patiala, at present resident of Tenant in Flat No. 356, Sector 116, SBP North Valiey Santemajra, P.S. Sadar, Kharar, District SAS Nagar, in Vehicle No. CH01-CB-5444, Make Scorpio, color Cream color, were going to our house from Mohall, then the vehicle was being driven by my friend Ajay Kumar son of Balwinder Kumar above. I was sitting on his adjoining seat in the front. When we reached in between Kharar and Santemajra, then 2 vehicles were going ahead of us, my friend Ajay Kumar driver by blowing the horn of his vehicle, passed his vehicle ahead of them and we turned our car towards the house of our friend Amandeep Singh Sandhu's Flat No. 0269, A SBP City of Dreams and were going inside the society then at about 12.30 a.m., then the driver of one vehicle by moving his vehicle in front of our vehicle, surrounded it and one more vehicle was moved behind our vehicle. Then my friend Ajay Kumar stoped his above vehicle then I opened the window of my side and came out, then from the vehicle in front, 4-5 persons came out, whom I asked that why have you stopped your vehicle in front of our vehicle then those persons started giving me beatings without any reason and started saying that you by moving your vehicle ahead of our vehicle have splashed water on us then my friend Ajay Kumar was rescuing me from them then from their second vehicle standing on back of our vehicle, 3-4 persons came out, who started giving beatings to my friend Ajay Kumar and we raised alarm of "Maar ta Maar ta", then in the meanwhile the persons residing in the society, on listening to our noise, came out, in the mean while drivers of both the vehicles by making their accomplice sit in the vehicles tried to run away their vehicles, I read their vehicle numbers as UP 25 CU 5064 Make Baleno and number of the other vehicle HR 90 B3585, make Swift, color white. We both were trying to stop the Baleno vehicle bearing no. UP 25 CU 5064, then the driver of the Baleno car by accelerating his vehicle hit upon me and dragged me to long distance and I fell down, while I was lying down, drove the above numbered vehicle over my legs, arms, due to which I suffered injuries on my right leg, left arm and other body parts and the driver of the other vehicle HR 90 B 3585, Make swift and the persons sitting in the same, left the vehicle at that place in SBP City of Dream. Due to suffering injuries, I was feeling much pain and was uneasy. Looking at my condition, my friend Ajay Kumar and other persons of the society made arrangemen