220 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:15.09.2025 Gurjant Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Raj Kumar Gupta, Advocate for the petitioner.

Mr. Gautam Thapar, Sr. DAG, Punjab.

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AARADHNA SAWHNEY , J. (ORAL)

1. Petitioner, an accused in case FIR No.155 dated 24.10.2022 registered against him, under Sections 307/326/325/324/506/148/149/201 of IPC, at Police Station Shambu, District Patiala, has filed the present petition for grant of bail under Section 483 of BNSS.

2. Relevant facts as emerging from documents on record be noticed herein below:-

“Balwinder Singh, son Bakshish Singh, resident of Nagal Gharoulli, Police Station Shahzadpur, District Ambala, working as Store Keeper in a godown of Bajaj Company situated at Gurna Shahazadpur, District Ambala, set the criminal law in motion by filing the complaint pointing therein that on 21.10.2022, he along with Lakhwinder S/o Jagjit Singh, Talwinder Singh son of Vinod Kumar had visited the office of Superintendent of Police, with regard to the investigation of a complaint moved by him against Sandeep, Janty (petitioner), Rinkal @ Vicky, Janty resident of Bhedo. After they got free from the official work, Lakwhinder and Talwinder stayed at Ambala. He started purchasing certain household articles as festival of Diwali was approaching. Around 08:30 pm, he started for his home in Banur on motorcycle (make Splendor). At about at 09:00 PM, when he reached village Khedi Gurna, a person signalled him to halt, who was standing on the road. Thinking that the person might need some help, he stopped his vehicle, when suddenly the said person came near and caught hold of him. Meanwhile, a car stopped, from which five persons, who were armed with rods and kirpans alighted and rushed up to him. Though they had covered their faces, but he was able to identify them. Sandeep @ Sippi, who was armed with rod hit him (complainant) with the same on his left arm, as a result of which, the elbow of his arm broke. Rinkal who was armed with sword hit him on his chin. So as to save himself, he dragged himself and fell in the nearby ditches. Janty of Bhedo, who was armed with rod hit him with the same on his head, whereas Janty (petitioner) hit him with an iron rod on his head. He tried to save himself and the blow landed on the right front side of his head. Thereafter, Sandeep @ Sippi, who was armed with rod again hit him on his shoulder. Assailants continued threatening him with dire consequences. To his good luck, when they saw his wife and his brother-in-law approaching on motorcycle, they all sped away along with their weapon. He was picked up by his brother-in-law. Blood was profusely oozing out from his wounds. He was rushed to Gian Hospital, where he remained admitted. Complainant alleged that accused who were nursing a grudge against him, wanted to level scores with him and thus, assaulted him with a pre-mediated mind. Request was made to police officials to catch hold of the assailants as also to initiate appropriate proceedings against them.”

On the basis of the said complaint and medico-legal report, initially a case under Section 324/325/148/149 IPC was registered (subsequently Sections 307/326 IPC were added). Petitioner-accused, who was arrested on 01.10.2024, moved an application for grant of bail before the Ld. Additional Sessions Judge, Patiala, which was dismissed in terms of the order dated 11.12.2024. Aggrieved of which, the present petition has been filed.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Falsity of the case set up by the complainant party is apparent firstly from the fact that there has been unexplained delay of 03 days in lodging the FIR. This intervening period was misused by complainant to twist the facts to suit his convenience. Continuing further, learned counsel submits that the present FIR is