IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Prem Singh @ Laddi ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. J.K. Singla, Advocate Ms. Shivani Singla, Advocate and Mr. Harjinder Singh Ghargna, Advocate for the petitioner.

Mr. Akshay Kumar, AAG, Punjab.

Mr. Amandeep Singh, Advocate for the complainant.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

108 09.06.2024 Bhikhi, District 307, 341, 323, 148, 149, 120-B & 427 Mansa IPC (Act No.45 of 1860) (Later on offence u/Ss 326, 325 & 324 IPC were added vide DDR No.22 dated

10.08.2024 and offence u/s 120-B IPC was deleted vide DDR No.15 dated

01.09.2024)

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 13 of the bail petition, the accused declares that he has no criminal antecedents.

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

“That in compliance with the order dated 11.12.2024, passed by Hon'ble Court, it is submitted that from perusal of the police record, it reveals that on 08.06.2024, on telephonic information was received at Police Station Bhikhi from Police Station City-1 Mansa, regarding admission of injured persons namely Jaswant Singh son of Gurpiyar Singh and Maninder Singh son of Jagseer Singh residents of village Bir-Khurd, District Mansa, in Civil Hospital Mansa, after sustaining injuries in a fight. On which, ASI Gurmail Singh No.683/Mansa then posted at Police Station Bhikhi along with police party after collecting the ruqa from Police Station City-1 Mansa, District Mansa, reached at Civil Hospital Mansa and obtained written fitness opinion in respect of the injured persons but the concerned doctor had disclosed that injured Jaswant Singh was referred to higher centre, whereas injured Maninder Singh was declared as unfit. On return to the police station entry in this respect was entered in the police record.

(1) Then on 09.06.2024, another medical ruqa No.75213, dated 08.06.2024, was received at Police Station Bhikhi from police Post DMC Hospital Ludhiana, regarding admission of injured Jaswant Singh. On which, IO/ASI Gurmail Singh along with police party after collecting ruqa from the Police Post DMC Ludhiana, reached at DMC Ludhiana and obtained written fitness opinion in respect of the injured person from the concerned doctor but the concerned doctor had declared the injured Jaswant Singh as unfit, as the patient was under surgery/operation at that time.

Role of the petitioner & evidence against the petitioner (ii) In the meantime brother of injured Jaswant Singh namel Jagsir Singh son of Gurpiyar Singh along with Baljinder Singh son of Jagjeet Singh residents of Bir Khurd, met the above mentioned police party, where Jagsir Singh had recorded his statement with the 10. In the statement complainant Jagsir Singh had mentioned that, "Stated that I am a resident of above mentioned address and an agriculturist. We are two brothers and five sisters. All are married. Yesterday i.e. on 08.06.2024, at about 1.30 PM, 1 was irrigating my paddy crops in Barmi fields with a motor. My younger brother Jaswant Singh along with Maninder Singh son of Jagsir Singh of our village, were returning back to the village from Bhikhi on my motorcycle bearing registration No.PB-31R-4911, make Bullet after finishing his domestic work. When my brother Jaswant Singh reached in front of my fields, then one white coloured Bolero in which 8-9 persons were sitting came from the side of Bhikhi and within my view hit the motorcycle of my brother from back side with great force. Both the persons fell down from the motorcycle. Maninder Singh was driving the motorcycle and my brother was pillion rider. Suddenly 8-9 persons came out from the Bolero armed with gand