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215 IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CRM-M No.15810 of 2026 Date of Decision: 02.04.2026

Date of Uploading: 02.04.2026

Jaspreet Singh (wrongly mentioned as Lakhwinder Singh @ Lakha).

…..Petitioner.

Versus State of Punjab .....Respondent.

CORAM: HON’BLE MR. JUSTICE SUMEET GOEL

*****

Present:- Mr. Kulwant Singh, Advocate for the petitioner.

Mr. Jaypreet Singh, DAG, Punjab.

SUMEET GOEL, J.(Oral)

Present petition has been filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) (Section 439 Cr.P.C.) for grant of regular bail to the petitioner in case FIR No.11 dated 22.02.2025, registered for the offence punishable under Sections 115(2), 333, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), [Sections 109, 117(2) & 238 of BNS added later on] (correspondence Sections 323, 452, 506, 34, 307, 325 and 201 IPC), at

Police Station Sudhar, District Ludhiana.

2. The gravamen of allegations against the petitioner is that on 16.02.2025 at about 08:00 PM, when upon hearing a noise at the door, son

YAG DUTT

2026.04.02 17:47 I attest to the accuracy and authenticity of this document

CRM-M No.15810 of 2026 -2-

of the complainant (Darshan Singh) went to check, then he saw Kirandeep Singh @ Kirna armed with a Toki, Kulwinder Singh @ Kinda armed with a Toki, Lakhwinder Singh @ Lakha (petitioner herein) and Gurwinder Singh standing in front of their gate. Gurwinder Singh was sitting on a motorcycle outside the house, while the remaining three forcibly pushed the door and entered inside. Immediately, co-accused, namely, Kirandeep Singh @ Kirna struck son of the complainant on the head with a Toki, causing him to cry out in pain. Then, another co-accused, namely, Kulwinder Singh @ Kinda struck his son from behind with the reverse side of the Toki, hitting him on the back. The son of the complainant collapsed to the ground, and blood started oozing from his head. Meanwhile, the petitioner raised a lalkara. When the complainant rushed to help his son, the petitioner caught hold of him and gave him fist blows. Kirandeep Singh again assaulted the complainant with a Toki, this time on his chest. The petitioner further gave him fist blows on his face and on the side of his stomach, causing deep injuries. On hearing the commotion, daughter-in- law of the complainant raised a raula. At this, all the accused fled the spot

with their weapons on the motorcycle, threatening them before leaving.

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 01.03.2025. Learned counsel has iterated that provision of Section 109 of the BNS is not made out against the petitioner as he is alleged to have given fist blows to the injured. Learned counsel has submitted that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further argued that the petitioner has

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2026.04.02 17:47 I attest to the accuracy and authenticity of this document

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suffered incarceration for more than 01 year. Thus, regular bail is prayed

for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. The State counsel seeks to place on record custody certificate

dated 01.04.2026 in the Court today, which is taken on record.

5. I have heard counsel for the parties and have gone through the

available records of the case.

6. The petitioner was arrested on 01.03.2025 whereinafter investigation was carried out and Challan has been presented on 24.05.2025. Total 16 prosecution witnesses have been cited, and it is not in dispute that none has been examined till date. Indubitably, conclusion of the trial will take long time. At this juncture, it would be apposite to refer herein to a judgment of the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra and