Vikas v. State Of Punjab

CRM-M-203-2025 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-203-2025 Date of decision: 28.01.2025 Vikas

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Sumit Dua, Advocate, for the petitioner.

Mr. Jasjit Singh, DAG, Punjab.

Mr. Prashant Bansal, Advocate, for the complainant/victim.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 01.09.2024 Division I, District 109, 3(5) BNS, 2023 and Jalandhar Section 25 o the Arms Act.

1.

The petitioner apprehending arrest in the FIR captioned above came before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2.

Vide order dated 08.01.2025, a Coordinate Bench of this Court had granted interim bail to the petitioner and the same is continues till date. In between, the complainant/victim had compromised the matter. 3.

One of the co-accused was arrested and is in custody and had also filed a bail petition before this Court bearing CRM-M-2082-2025. A reply has been filed in CRM-M2082-2025 and the facts are also being taken from the said reply which read as follows. "4. That the brief facts pertaining to the present case are that the complainant namely Perusal of record reveals the fact that complainant namely Udham Singh son of Jaspal Singh has got registered the case with the allegations that he is working as labourer in Vegetable Market. On 30.08.2024 the complainant alongwith his friend person named Bhupinder Kumar alias Rajat at about 9:00 PM went on the Rehris to eat eggs and meat. After eating when they were making payment on Rehri, then one unknown person standing there told that he wanted to fire today. The SMRITI 2025.01.31 14:41 I attest to the accuracy and authenticity of this order/judgment

CRM-M-203-2025 -2Complainant enquired that why he wants to fire today, then the other person said that complainant is doing scuffling with them. Person named Rahul has tried to separate them, but an unknown boy has not agreed, who was known to the present petitioner and the unknown person called the petitioner on phone that dispute has taken place, then four unknown friends/persons came there. On reaching there, they have enquired about the complainant and one of them fired towards the complainant, which has crossed above the shoulder, then another accused also fired with an intention to commit the murder of the complainant, though it hit on the right hand of complainant. Complainant was profusely bleeding, and then the petitioner and his associates also gave beatings by raising exhortion.

Complainant was taken to the Civil Hospital by his friend person named Bhupinder Kumar alias Rajat, where the complainant was got admitted and the MLR was issued, but later on the complainant was referred to hospital at Amritsar. However, when the documents were not with them, then the complainant was got admitted in Johal Hospital, Jalandhar. The Complainant later on came to know the name of persons who have fired on him are Kartik son of Suresh Kumar (the present petitioner), co-accused Mohit Malhotra alias Kaka son of Vijay Malhotra and another unknown boy and prayed for action against them. On the basis of these allegations, case has been got registered."

4.

In the connected petition, victim filed his duly sworn affidavit which is taken on record. As per affidavit, he has no objection to grant of bail to accused person. 5.

Since the complainant/victim has settled all the dispute with the accused-Vikas as mentioned in CRM-M-2082-2025, there is no justification to deny anticipatory bail to the petitioner.

6.

Given above, the present petition is allowed and order dated 08.01.2025, vide which the petitioner has been granted interim bail, is made absolute. All pending applications, if any, also stands disposed of. (ANOOP CHITKARA) JUDGE 28.01.2025 smriti Whether speaking/reasoned: Yes Whether reportable:

No.

SMRITI 2025.01.31 14:41 I attest to the accuracy and authenticity of this order/judgment