209-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 14.11.2025 Rahul alias Kalu and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Ashok Kumar Khunger, Advocate for the petitioners.

Mr. Gautam Thapar, Sr. DAG, Punjab.

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AARADHNA SAWHNEY , J. (ORAL)

1. Petitioners, accused in case FIR No.69 dated 20.05.2025 registered against him, under Sections 331(6)115(2)/324(2)/351(3)/190/191(3) of BNS, 2023, at Police Station City-2, Abohar, District Fazilka, has filed the present petition for grant of anticipatory bail under Section 482 of BNSS.

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

Monu, son of Bhagirath resident of Arya Nagar, Street No.01, Abohar, set the criminal law in motion by filing a complaint, pointing therein that at about 10:30 pm on 19.05.2025, he along with his brother Sonu was present in the house, when both the petitioners namely Kalu and Kabutar armed with swords, along with other accused, who were also armed with danda, kirpan and sword etc. barged inside his (c) house by breaking open the main gate and exhorted each others to unleash an attack. One of the accused namely Bintu gave danda blow to him (c), which hit him on his back. To save himself from the onslaught unleashed by the assailants, both he and his younger brother Sonu locked themselves in another room, when assailants broke the household articles (cooler and fridge etc.) On alarm being raised, the neighbours started gathering at the spot, on seeing whom, the assailants fled away along with their respective weapons. Complainant also pointed out that at about 09:30 pm on 17.05.2025, Kalu (petitioner No.1) accompanied by Bintu, Rajat and Guni had assaulted Nisha, his brother’s wife. A case was registered against the aforesaid four persons. On account of the same, they were nursing a grudge. Even on 19.05.2025, threats had been extended to them. With this backdrop he requested the police authorities to initiate the appropriate proceedings against them. On the basis of the said complaint, a formal case vide FIR No.69 dated 20.05.2025 u/s 331(6)115(2)/324(2)/351(3)/190/191(3) of BNS, 2023, Police Station City-2, Abohar, District Fazilka, was registered and proceedings were set in motion.

3. Apprehending their arrest, the present petitioners moved an application for grant of anticipatory bail before the Ld. Additional Sessions Judge, Fazilka. The same was dismissed in terms of the order dated

29.05.2025. Aggrieved of which, the present petition has been filed.

4. Learned counsel for the petitioners contends that petitioners have been falsely implicated in the present case. In fact, the present FIR is a counter- blast to an earlier incident that had occurred at about 09:30 pm on 17.05.2025, when complainant Monu and his brother Sonu forcibly entered the house of Sunita, wife of Nanak Chand and assaulted them. With regard to the said incident, FIR No.72 dated 22.05.2025 was registered against complainant, u/s 331(6)/115(2)/305/324(2)351(3)/190/191(3) BNS, 2023, at Police Station City- 2, Abohar, District Fazilka. Learned counsel further contends that complainant and his family members were nursing a grudge against the petitioners, who had sided up with Sunita (complainant of FIR No.72 dated 22.05.2025). It is also the submission of learned counsel that no specific injury has been attributed to the petitioners, nothing is to be recovered from them. Precisely for these reasons, the concession of interim anticipatory bail was granted to the petitioners vide order dated 27.08.2025. The story now put forth by Investigating Officer that petitioners did not get recovery of the weapon allegedly used by them in the commission of offence, is purely an afterthought. Subsequent to the grant of concession of interim anticipatory bail, police authorities, who are also bearing grudge against petitioners have falsely arrayed them in yet another cas