Boby Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.207 Case No. : CRM-M-25146-2025 Decided On : August 27, 2025 Bobby Kumar ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr.Sudesh Kumar Pandey, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

* * * SUKHVINDER KAUR , J.

:

Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.118 dated 26.08.2024, under Sections 115(2), 118(1), 118(2), 126(2), 191(3) & 190 of Bharatiya Nyaya Sanhita (BNS), 2023, registered at Police Station Shahkot, District Jalandhar.

Briefly, the aforesaid FIR was got registered by complainant Mandeep Singh, stating therein that on the intervening night of 9/10.08.2024, he along with one Sharandeep Singh @ Bhana had attended Jagran in his village, where a quarrel took place between Sharandeep Singh and Ajay Kumar @ Neeli, but respected elders of village intervened and sent both the parties to their respective houses. At about 04:00 AM in the morning on the same day i.e. 10.08.2024, the complainant and Sharandeep Singh again went to Jagran and saw an i-20 car parked there. From the said

car, aforesaid Ajay Kumar @ Neeli, Lovepreet @ Baba, Satnam Singh @ Joban, Gora, Vishal and Bobby Kumar (petitioner herein), armed with datars and swords came towards them and started beating Sharandeep Singh. The complainant tried to escape in order to inform his family but he was also attacked by the aforesaid persons. Accused Gora caught him and Lovepreet @ Baba gave him a datar blow, reverse side of which hit his right eye, right side of the head and right ear. Bobby Kumar (petitioner) gave him a khanda blow. To save himself, he raised his left hand and his left wrist got injured. Vishal also gave a khanda blow on his right leg. 4-5 unknown persons were also accompanying the accused persons. In the meantime, complainant's aunt namely Gian Kaur came there.

They raised alarm and the accused persons fled from the spot with their respective weapons. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. There is unexplained delay of 16 days in lodging the FIR and the entire version of complainant is a concocted story. The petitioner has never been involved in any criminal case and he is a man of clean antecedents. Learned counsel for the petitioner further urged that custodial interrogation of the petitioner is not required for any purpose and therefore, he be granted concession of anticipatory bail.

Learned State counsel, on the other hand, opposed the present bail petition while contending that the petitioner has been specifically attributed injuries falling under Sections 118(1) and 118(2) BNS and injury caused to Sharandeep Singh by the petitioner was opined to be grievous one. Moreover, khanda used by the petitioner for commission of alleged offence is yet to be recovered from him.

Heard.

In the present case, as discussed in the preceding paragraphs, specific injuries have been attributed to the petitioner. The petitioner allegedly caused one injury with khanda to complainant Mandeep Singh, which was declared simple in nature and the injury inflicted to Sharandeep Singh with khanda was declared to be grievous in nature. The weapon of offence are yet to be recovered. The relief of anticipatory bail is to be granted in exceptional circumstances and to be given sparingly. In the facts and circumstances of the present case, no ground for granting anticipatory bail to the petitioner is made out.

Dismissed.

However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall stand disposed of along with the present petition.

August 27, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.