230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:05.03.2025 Raman Kumar ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Aditya Anand, Advocate for the petitioner.

Mr. Adesh Pal Singh, AAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

226 19.09.2024 Tanda, Distt. 118(1), 351(2), 191(3) and 190 BNS, Hoshiarpur 2023 (erstwhile Sections 324, 506, 148, 149 IPC)

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. In paragraph 11 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are being taken from the FIR annexed with the bail petition as Annexure P-1, which reads as follows:

“Stated that I am the resident of above stated address. On 30.09.2024, at about 04:00 P.M, I received a phone call from Raman Kumar who told me to come to Grain Market, Chaulag Thereafter, I along with my brother Lakhwinder Singh, Sukhdyal Singh son of Najar Singh, Sabi son of Satnam Singh resident of Village-Bahadurpur (Thakari) and Bona son of Ravel Singh resident of Village-Nathupur. P.S-Tanda, District-Hoshiarpur proceeded towards the Grain Market, Chaulag. When we reached there. the following persons were already at the spot- Kamal son of Davinder Singh resident of Village-Data, Seetu, Ghuda resident of Village-Kharla, Raman and Kamal residents of Village-Ghodewaha, P.S-Tanda, District-

JYOTI Hoshiarpur along with 9-10 unknown persons. Ghuda armed with Sword (Khanda) gave a blow which landed on the right side of my head. Raman (Ghodewaha) armed with Sword (Khanda) attacked my brother Lakhwinder Singh and the blow landed on the elbow of his right arm. Then my brother was attacked again by Seetu armed with Sword Khanda) and the blow landed on the backside of his head. My brother akhwinder Singh was attacked third time by Seetu with his Sword Ahanda/ and the blow landed on the backside of the neck Kamal son of Davinder Singh resident of Village Ghodewaha pelted stones at us and threatened to kill us. The 10 unknown persons who were present at the spot gave lalkaras and stated that "Today we will not let these two brothers go alive". Then suddenly people from our village got to know about what was happening and they came to the spot due to this the aforesaid persons fled the spot along with their respective weapons. My uncle Harjinder Singh son of Hamdad Gill resident of Village-Raipur arranged conveyance for us and got us admitted at Civil Hospital, Tanda where we were medically examined and MLR was prepared. Thereafter, we were referred to Civil Hospital, Hoshiarpur where we received treatment for two days. Then we were referred to Amritsar by the Doctor, but I was the only one who received the treatment. On 12.09.2024, I was discharged from the hospital and returned to my home. Talks of compromise were going on regarding the aforesaid fight, however, the said talks have failed. Today, the police have come to my house at Raipur where I have given my statement. Heard. It is correct. It is humbly prayed that strict action my kindly be taken against the above said persons.”

4. Counsel for the petitioner submits that the role attributed to the petitioner is that he caused an injury on the right arm of victim’s brother. He undertakes voluntarily to surrender fire arm, if any, within 07 days and further undertakes not to enter the premises, property and work place of the victims during pendency of the trial. He further submits that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

5. The State’s counsel opposes bail and refers to the reply.

6. It would be appropriate to refer to the following portions of the reply, which read as follows:

“ROLE OF PETITIONER

8. That it is submitted that the petitioner was member of an unlawful as