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2025 Supreme(Online)(P&H) 24526

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ABHI ALIAS ABHI KALYAN – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 13.01.2026 Abhi @ Abhi Kalyan ......Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. G.S. Randhawa, Advocate for the petitioner.

Mr. Gautam Thapar, Sr. DAG, Punjab.

AARADHNA SAWHNEY , J (ORAL)

1. By virtue of the present petition under Section 483 BNSS, petitioner, who is one of the co-accused in case bearing FIR No.022 dated 27.02.2025 registered under Sections 109,126(2),132,221,303(3),190,191(3) of BNS, 2023 (Sections 115(2),118(1),118(2),117(3),119 of BNS, 2023 added later on) and Section 27 of Arms Act, 1959, at P.S City Batala, Police District Batala, has prayed for grant of bail.

2. Relevant facts emerging from documents on record be noticed hereinbelow:-

Kamla Bhatti @ Baggi son of Daler Bhatti set criminal law in motion by filing complaint pointing therein that at about 08.30 PM on 26.02.2025, he was standing in the street, when his friend Rajinder Singh @ Raja and Satinder Pal Singh @ Lucky arrived on their Activa. Meanwhile, Rajan Bhatti son of Sukhdev Bhatti armed with Datar, Shubh armed with Sword, Martin armed with Datar, Danish Bhatti armed with Datar, Abhi (petitioner) armed with Datar accompanied by 4-5 other unknown persons came from the opposite direction. They stopped the Activa of Rajinder Singh. Pardeep Kumar exhorted Rajan Bhatti and others to teach Rajinder Singh etc a lesson for helping their opponents, upon which Rajan Bhatti, Shubh and Lakhu, with an intention to kill unleashed an attack on Rajinder Singh @ Rajan Walia. When Rajan Walia’s brother Lucky came forward to save him, Danish and Abhi (P) also assaulted him with their weapons causing multiple injuries on his (Lucky) person. Both Rajan Walia and Lucky fell down but the assailants did not stop and continued hitting them. During this scuffle, Shubh took Rajan Walia’s licenced pistol from his pocket and brandished the same at him with intention to kill him. Luckily, police officials arrived at the spot and when they moved forward to save Rajan Walia, Shubh fired two bullets, which hit one of the

2026.01.16p 2o2:l1i6ce officials. Thereafter, the assailants sped away along with their weapons and

pistol. Complainant also pointed out that the reason for the incident is that his wife Geeta, who on a particular day was returning home from Amritsar, had been intentionally hit by Shubh, who was on Scooty, as a result of which, she fell down and there was exchange of hot words. Both Rajan Walia and his brother Lucky had come to meet him (complainant) to sort out the aforesaid issue. Towards the end, complainant pointed out that the assailants in furtherance of their common intention unleashed an attack and mercilessly assaulted both Rajan Walia and Lucky. Immediately after the incident, both the injured brothers were rushed to EMC Hospital, Batala where first aid was provided. Due to their delicate medical condition, they were referred to Amritsar where they are undergoing treatment. On the basis of the said complaint and medicolegal report, aforesaid FIR was registered.

Petitioner-accused, who was arrested on 21.04.2025 moved an application for grant of bail under Section 483 of BNS before learned Addl. Sessions Judge, Gurdaspur. Same was dismissed vide order dated 23.07.2025, aggrieved of which, present petition has been filed.

3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He did not participate in the incident, has no concern with the same, was not even apprehended at the spot. Continuing further, learned counsel submits that though the petitioner was named in the FIR but no specific role was assigned to him therein. It was only as an after-thought that the injured in his supplementary statement alleged that the petitioner, who was armed with datar gave blows to him, with an intention to kill him.

Learned counsel further contends that the relations between the peti

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