IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.11.2025 Santokh Singh and another ....Petitioners V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. J.S. Dadwal, Advocate for the petitioners.

Mr. Amit Goyal, Additional Advocate General, Punjab.

Mr. Madan Lal Saini, Advocate for the complainant.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 482 of BharatiyaNagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of pre-arrest/anticipatory bail to the petitioners in case bearing FIR No.133 dated 23.09.2025, registered for the offences punishable under Sections 61(2), 115(2), 333, 351(1), 351(3), 324(4), 324(5) of BNS 2023, at Police Station Kathgarh, District Shaheed Bhagat Singh Nagar.

2. The gravamen of the FIR in question reflects that the FIR was registered on the basis of a statement made by complainant Ram Kumar, son of Mohan Lal, resident of Village Natha Nangal, Police Station Kathgarh, District SBS Nagar, who is employed as a primary school teacher. He alleged that on 22.09.2025 at around 2:15 PM, while he was present at his residence along with his family, accused Narinder Kumar son of Dev Raj and Kamal Kumar son of Thakur Das, both residents of the same village were standing outside his house, hurling abuses and threatening him that they would not allow him to reside there. It was further alleged that, in pursuance of a common plan and in conspiracy with accused Narinder Kumar, accused Sunny Deol son of Kamal Kumar and Santokh Singh Soni son of Gian Singh (petitioners herein) forcibly entered in the house of the complainant, armed with swords (kirpans) and launched an assault on the complainant and his family. Petitioner No.1 namely Santokh Singh is stated to have inflicted a kirpan blow on the right thumb of the complainant while petitioner No.2 namely Sunny Deol allegedly struck the 8-year-old son of the complainant and Armandeep Singh, on the head with a kirpan. During the course of the attack, the accused damaged the CCTV cameras installed at the residence of the complainant and also destroyed his vehicle. It has been further alleged that Asha wife of accused Narinder Kumar, Pooja wife of petitioner No.2 namely Sunny Deol and Raj Kumar son of Niranjan Kumar had also joined the other accused in the street and pelted stones and bricks at the house of the complainant which resulted damaged the main gate. They also issued threats to kill the family of the complainant. On account of the brick pelting, one Mohan Lal had also sustained injuries. Thereafter, all the accused persons fled from the scene with their respective weapons. Subsequently, the complainant and his family were taken to Civil Hospital, Balachaur, where their medico-legal reports (MLRs) were prepared, reflecting the injuries sustained during the incident upon the person of Ram Kumar, Amandeep Singh and Mohan Lal. On these set of allegations, the FIR in question was registered and investigation ensued.

3. Learned counsel for the petitioners has iterated that the present FIR is false, fabricated and is result of personal enmity. Learned counsel has further iterated that the a land dispute was already pending between the complainant and the villagers regarding encroachment of the Panchayat land. Learned counsel has further submitted that the petitioners were merely working as labourers at the construction site of Narinder Kumar, one of the accused. It has been further submitted that the petitioners are innocent persons and have been falsely implicated in the present case owing to a long-standing neighbourhood dispute with the family of the complainant. According to learned counsel, the allegations levelled in the FIR are highly exaggerated which stem from personal enmity. There is no independent witness to corroborate the version of the prosecution. Learned counsel has further submitted that the medical reports (MLRs) reflect only simple and