IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

279 CRM-M-31876-2025 (O&M)

DATE OF DECISION: 04.07.2025 GURPREET SINGH ALIAS GOPI ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Riffi Birla, Advocate for the petitioner(s).

Mr. Sandeep Singh, AAG, Punjab.

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SANDEEP MOUDGIL, J (ORAL)

1. Prayer The jurisdiction of this Court under Section 483 of BNSS for grant of regular bail to the petitioner in FIR NO. 123 Dated 05.07.2024 registered Under Sections 118, 115 (2) of BNS, 2023 (Section 118 (2) and 238 of BNS added later on) at Police Station Sadar Fazilka, District Fazilka (Annexure P-1), pending trial, in the interest of justice.

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

‘Statement of Aajad Kumar son of Sultan Ram son of Chand Wasi Karni Khera, Police station Sadar Fazilka aged about 22 years Mb. NO. 80549-48002, stated that I am resident of aforesaid address and works as a laborer. I had family relations with Gurpreet Singh Gopi son of Makhan Singh resident of Waddi Odian Dhani. About 1 years ago, I had advance an amount of Rs.30,000/- to Gurpreet Singh Gopi and when I demanding my money back then Gurpreet Singh @ Gopi became furious. 02.07.2024 at about 09.30pm Gurpreet Singh Gopi came to my house on his splendor motorcycle and said to me that we have to go somewhere and made me sit on his motorcycle and alongwith him and at some distance from the village, he stopped his motorcycle near seepage canal and said to me that you demand money from me and now I will give you money then in the meantime Gurpreet Singh @ Gopi took out his kapa from his motorcycle and started giving continuous kappa blows on me, which hit On above my left knee, on the knee and on the left leg then I raised alarm in loud voice then he again gave more kappa blow on my head and I in order to save myself raised my right hand which hit on my right hand then I fell down, then he gave kick blows on my chest and neck then I raised alarm of mardita-mardita then some people of my village were seen coming and on seeing them assailants fled away on his motorcycle alongwith his weapon and boys of my village took care of me and informed my family members and my mother Pushpa came on the spot and arranged a vehicle and got me admitted to Civil Hospital, Fazilka. The bone of contention is that he has inflicted injuries to me demanding back my money. on Statement has been recorded. Heard and it is correct. Action may be taken. Sd/-in English Aajad Kumar aforesaid, Sd/ in English Pushpa Devi wife of Sultan Ram, verified by Sd/ Satnam Dass ASI, P.S. Sadar Fazilka dated 05.07.2024. police proceedings: MLR NO.PPS/90/DH/FZK/2024 dated 02.07.2024 of injured Aajad Kumar son of Sultan Ram, resident of Karni Khera, in which total 5 injuries, injury NO.1,2,3,4, are sharp and injury.’

2. Contentions:

On behalf of the petitioner It has been contended by learned counsel for the petitioner that as per the allegation the petitioner was allegedly armed with kapa and gave injury on the knee, though that injury has been declared grievous in nature but the petitioner has undergone custody for a period of 2 months and 13 days, moreover his antecedents are clean as he is not involved in any other case and the scuffle took place due to some provocation. Moreso, the investigation in this case is complete as challan stands presented on 13.06.2025 charges are yet to be framed and 9 PWs are cited by the prosecution, which is sufficient to infer that the conclusion of trial is likely to take considerable time, therefore, prays for grant of regular bail to the petitioner.

4. On behalf of the State/complainant Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. According to which the petitioner has suffered incarceration of 2 months and 13 days. He prays for dismissal of the present petition on the ground that the petitioner instead of return