Gurdeep Singh v. State Of Punjab

Sr. No.209

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 06th May 2025 GURDEEP SINGH ........Petitioner versus STATE OF PUNJAB .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. L.M. Gulati, Advocate for the petitioner.

Mr. Satjot Singh, Asst. A.G., Punjab.

Mr. H.S. Sidhu, Advocate for the complainant.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed by the petitioner under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in case FIR No.317 dated 26.12.2024, under Sections 115(2), 118, 351(2) of BNS, 2023, registered at Police Station Sadar Kharar, District SAS Nagar, Mohali (Annexure P-1).

2.

As per the version of the prosecution, on 24.11.2024, the complainant was going to his house on foot after dropping his relative. At about 6:30 PM, the petitioner-Gurdeep Singh, who was riding a motorcycle, hit the complainant from the front side. The petitioner is alleged to be intoxicated at that time. There was a confrontation between the petitioner and the complainant and thereafter, the petitioner took out a pointed weapon/pointed article from his motorcycle and inflicted injuries

 on both the arms of the complainant. The complainant was admitted in the hospital and his medico-legal examination was conducted. 3.

Learned counsel for the petitioner contends that as per the FIR, the alleged incident was merely an accident and all the alleged injuries on the person of the complainant are simple in nature. The present FIR has been registered merely on the ground that the petitioner is an influential person and he is a practicing Advocate. 4.

On the other hand, learned State counsel and counsel for the complainant have opposed the present petition on the ground of gravity of allegations levelled against the petitioner. Learned State counsel submits that as per the Medico Legal Report, there are 04 injuries on the person of the complainant, out of which, Injuries No.1 and 2 are incised wounds on the right and left arm of the complainant respectively. 5.

I have heard the learned counsel for the parties and perused the relevant documents.

6.

No doubt, the injuries on the person of the complainant are simple in nature, however, there are two incised wounds, as per the Medico Legal Report of the complainant. There are specific allegations against the petitioner that after the complainant was hit by the motorcycle, there was an argumentation inter se the petitioner and the complainant. The petitioner is alleged to have inflicted injuries to the complainant with a sharp-edged article/weapon and the said blows were repeated as there are two incised wounds on the person of the complainant. 7.

Keeping in view such circumstances, prima facie, it is not merely a case of accident. There are no special circumstances to grant the

 relief of anticipatory bail to the petitioner, as such, the instant petition is dismissed being devoid of merits.

8.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 06th May 2025 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No