IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 6^th November, 2025 Bhanu ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Pankaj Mahavir Chauhan, Advocate for the petitioner.

Mr. Vivek Sharma, Assistant Advocate General, Punjab.

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MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No. 91 dated 19.08.2024 registered under Sections 103(1), 190 and 191(3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) at Police Station City Batala, District Gurdaspur.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that on 16.08.2024, on receipt of information from Civil Hospital, Batala, regarding the admission of two persons, namely Saurav Vohra and Sonu, in the hospital in an injured condition, a police party reached there and obtained an opinion from the doctor regarding the condition of the injured, who were opined to be fit to record their statements.

However, when contacted, both of them stated that talks for settlement of the matter, with intervention of some respectable persons, were going on, and therefore, they did not want to give their statements at that point of time. Then, on 18.08.2024, the complainant Anita Vohra recorded a statement that on 12.08.2024, her son Saurav had a trivial altercation with the petitioner and co-accused Sunny Khosla, Amar Khosla, Raman, Sonu Hawa, and Golu. On 13.08.2024, she along with her son Saurav had gone to the market, and while they were returning home, they were waylaid by the petitioner and the above-named accused. Accused Sunny made an exhortation to catch Saurav for messing with them and to teach him a lesson, and then all of them assaulted him by causing injuries with the respective weapons which they were carrying. The petitioner struck two blows with a datar, thereby injuring the arms/elbows of the victim. On clamour being raised by her, the assailants fled away. She further recorded that initially her son was admitted at Civil Hospital, Batala, but since his condition was critical, he was referred to Guru Nanak Dev Hospital, Amritsar, and the doctors advised surgery on 16.08.2024 and fixed the date for 20.08.2024. She informed that on 18.08.2024, the condition of the victim Saurav worsened, and when he was taken to the hospital, he was declared brought dead. While alleging that the petitioner and co-accused were responsible for the death of her son, she prayed for taking action in the matter.

3. After registration of the FIR, investigation proceedings were initiated. Post-mortem examination of the body of the victim was conducted. The accused Amar Khosla, Sunny, Sonu, and Raman Kumar were arrested on 20.08.2024. The petitioner was arrested on 06.12.2024. Investigation now stands completed and the petitioner, along with the co-accused, is facing trial for commission of the aforementioned offences.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The injuries which are proved fatal have not been attributed to him, but to co-accused Sunny and Amar Khosla, both of whom were armed with datars. As per the medico-legal report, only one injury on the person of the victim was a sharp incised wound, and the other injuries were declared simple in nature. As per the post-mortem report, the cause of death of the victim was failure of heart and lung functions resulting from embolism linked to injury no. 6, which has not been attributed to the petitioner. There is a delay of five days in registration of the FIR, which has not been satisfactorily explained, thereby causing a serious dent in the truthfulness of the prosecution story. The injured were found medically fit on 16.08.2024. The petitioner is in custody since long. His further incarceration would not serve any useful p