IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 05.02.2025 Pronounced on: 07.02.2025 Sandeep Singh @ Sunny ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Gopal Singh Nahel, Advocate for the petitioner.

Mr. Akshay Kumar, AAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

50 22.07.2024 Sandaur, District 109(1), 126(2), 115(2), Malerkotla 117(2), 191(3), 190, 61(2)(a)

of BNS 2023

1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

“That pursuant to the said order, it is respectfully submitted that the brief factual matrix pertaining to the present suit are that On 21th July 2024, an information was received from the Civil Hospital, Malerkotla regarding the admission of Jaswinder Singh and Gurdhaian Singh sons of Avtar Singh, resident of Village Kalyan, due to injuries and it was further informed that the injured(s) have been referred to Rajindra Hospital, Patiala. Whereupon, on 22.07.2024, A.S.I. Harjinder Singh No.1366/SGR of Police Station Sandaur along with co-officials visited the Rajindra Hospital, Patiala and obtained the opinion of doctor regarding the fitness of injured(s) Jaswinder Singh and Gurdhian Singh to give statement and the doctor declared the injured(s) fit for giving statement. Then, injured Jaswinder Singh got recorded his statement to the effect that on 21.07.2024, at about 01.00 PM, he along with his mother had gone to biscuit factory of his parental uncle namely, Tarsem Singh son of Ajaib Singh, resident of Village Kalyan for preparation of biscuits, where his aunt Baljeet Kaur was also present. At about 02.15 PM, his brother Gurdhian Singh also came there. At about 02:30 P.M., one Swift Car, one Scorpio Car bearing registration No.PB-11-CZ-9361, followed by one Alto Car and i-20 Car came from the side of his village. The occupants of the car were namely, Harpreet Singh @ Happy son of Rajinder Singh armed with Gandasa, Manpreet Singh @ Mani son of Rajinder Singh armed with Iron Rod, Gurkamal Singh @ Landa son of Ruldu Singh armed with Kirpan, Baljit Singh @ Booby son of Rajinder Singh armed with Stick, Mani son of Singara Singh armed with Iron Daah came out of the vehicle. From the car, behind Jasni son of Harmail Singh armed with Stick, Yad @ Yadu armed with Iron Rod and 15-16 unidentified persons came out who were armed with Sticks, Iron Rods and Kirpan. Harpreet Singh @ Happy raised lalkara not to spare the complainant Jaswinder Singh and Gurdhian Singh and that they be taught a lesson for opposing them. Complainant and his brother ran away from the spot. Harpreet Singh @ Happy and Manpreet Singh @ Mani again raised lalkara to catch hold of them. Harpreet Singh gave a Gandasa blow to his brother Gurdhian Singh who fell down near biscuit factory. Manpreet Singh @ Mani gave a blow on his head. Manpreet Singh gave an Iron Rod blow on the head of his brother Gurdhian Singh with an intention to kill him. His brother fell down whereas he raised hue and cry. Then Gurkamal Singh gave Kirpan blow on the left knee of his brother Gurdhian Singh. Gurkamal Singh gave another blow on the left knee of his brother. Then Gurkamal Singh gave Kirpan blow on his head with an intention to kill him. Manpreet Singh gave an Iron Rod blow on his head and he fell down. Harpreet Singh @ Happy gave Gandasa blow on the left arm of his brother Gurdhian Singh due to which his left arm got fractured. Remaining accused with their respective weapons also inflicted injuries. His paternal Uncle Tarsem Singh, his paternal aunt Baljit Kaur and mother Harjit Kaur raised alarm and on the road many passerby were gathered. Then all the a