IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 15.05.2025 Rahul Kumar alias Bewara ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vishal Aggarwal, Advocate for the petitioner.

Mr. Jasdev Singh Thind, DAG, Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

004 09.01.2022 Shimlapuri, District 307, 324, 384, 326, 511, 506, Ludhiana 148, 149 IPC

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. Per paragraph 21 of the bail petition as well as custody certificate dated 17.03.2025, the petitioner has the following criminal antecedents:

Sr. No. FIR No. Date Offenses Police Station

1 257 09.09.2014 382/411/148/149 IPC Focal Point, Distt.

and 25 of Arms Act Ludhiana

2 99 17.04.2022 379-B(2), 411, 473 IPC Division No.6, Industrial Area

3 34 13.04.2022 379B-2 IPC and Daba

25/54/59 of Arms Act

4 304 08.10.2014 22 of NDPS Act Focal Point

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

“FIR No.4 dated 09.01.2022, u/s 307, 324, 384, 326, 511, 506, 148, 149 IPC (Section 201 IPC added lateron), P.S. Shimlapuri, Ludhiana (Annexure P-1) was registered against the petitioner, Jinda, Kuchi, Raja Topi and 3/4 unknown persons based upon the statement dated 09.01.2022 of the complainant namely Savitri (i.e. mother of the injured namely Ajay Kumar). In her statement the complainant stated that she is having two children and out of them one son namely Ajay Kumar is working in X-Ray Department of Apollo Hospital, Ludhiana and that her son told her that the petitioner, Jinda, Kuchi and 3/4 unknown persons are forcibly demanding Rs.50,000/- from him.

The complainant further stated that on 24.12.2021 in the morning her son went to his duty at Apollo Hospital and when she came out from her house and went towards the street she saw that the petitioner, Jinda, Kuchi, Raja Topi and 3/4 unknown persons, who were known to her were already standing there armed with deadly weapons in the street with the intention to attack someone and further that these persons are involved in snatchings and other incidents in the area and leader of their gang is the present petitioner.

The complainant further stated that whosoever refused to succumb to their demands have been attacked by them with deadly weapons and that at around 10:45 PM her son was coming home from Apollo Hospital and when he reached near the street, then the petitioner raised the Lalkara that her son should not be spared as he has not paid the amount of Rs.50,000/- to them and further that the petitioner and his accomplices armed with their respective weapons attacked towards her son's face twice on the left side and also at the back of his head, right wrist and left hand with their weapons and then the complainant on seeing this raised her noise and the people started gathering there and thereupon the petitioner, Jinda, Kuchi, Raja Topi and 3/4 unknown accomplices ran away from there while threatening to kill her son alongwith their respective weapons. The complainant further stated that when she went near to her son, she noticed that his jaw was broken and he has received incised wounds of sharp weapons and thereupon she got him admitted in Apollo Hospital for treatment where he remained admitted from 24.12.2021 to 29.12.2021 and that her son is unable to speak due to broken jaw.

The complainant further stated that the reason for rivalry is that her son has not fulfilled the demand of Rs.50,000/- of the petitioner and his accomplices and then sought appropriate legal action be taken against these persons.

Before this on 24.12.2021 the police of P.S. Division No.6, Ludhiana received telephonic call from Apollo Hospital that Ajay Kumar is admitted due to injuries suffered by him in a fight and thereupon ASI Som Nath alongwith other police officials went