Baljinder Singh (Vishal Alias Gora As Mentioned In The Fir) v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr.No.209 Case No. : CRM-M-26138-2025 Decided On : May 21, 2025 Baljnder Singh (Vishal @ Gora, as mentioned in the FIR) .... Petitioner vs.
State of Punjab .... Respondent CORAM :
HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
* * * Present :
Mr. K. S. Dhaliwal, 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.372 dated 11.11.2023, under Sections 323, 342, 506, 148, 149 IPC (Section 326 IPC added later on), registered at Police Station Tanda, District Hoshiarpur. Learned counsel for the petitioner has contended that the petitioner is known by name of Baljinder Singh and not Vishal @ Gora, as mentioned in the FIR, which clearly indicates the mistaken identity and false implication of the petitioner. The alleged incident occurred suddenly during a quarrel and was not pre-meditated or planned. He has further contended that injury no.3 on the person of Anup Singh, which has been declared grievous in nature, is on the non-vital part of his body. It has further been
submitted that the co-accused Gurpreet Singh @ Bablu and Gurkamal @ Kamal have already been granted concession of anticipatory bail by learned Additional Sessions Judge, Hoshiarpur vide orders dated 01.03.2025 and 08.04.2025. Learned counsel has submitted that the petitioner is ready to join investigation and has prayed that he be granted concession of anticipatory bail.
Notice in this case was issued on 14.05.2025 and Status Report was called from the State, which has been filed today in Court and is taken on record.
Learned State counsel, while opposing the present bail petition, has contended that specific injuries have been attributed to the petitioner. One of these injuries was declared grievous in nature. He has also contended that it stands clarified that the petitioner is also known as Vishal @ Gora and he is the same person, who has been named in the FIR. He has also argued that the petitioner cannot claim parity with co-accused Gurpreet Singh @ Bablu and Gurkamal @ Kamal as only single injury was attributed to them. So, he has prayed for dismissal of the present bail petition.
I have heard learned counsel for the petitioner as well as learned State Counsel and have also gone through the record. In the present case, three specific injuries have been attributed to the petitioner. As per the allegations, he caused two injuries on the person of Navjot Singh, including one injury that was inflicted with datar, on the back side of his head and the second injury was inflicted on his left thumb. The petitioner allegedly caused one injury on the right wrist of
Anup Singh, which has been declared grievous in nature by the doctor concerned. Thus, two injuries on the person of complainant Navjot Singh, which have been attributed to the petitioner, were caused with datar and one of these injuries was on the vital part of the body i.e. head, which shows the active participation of the petitioner in commission of offence. The case of the petitioner is not at par with that of co-accused Gurpreet Singh @ Bablu and Gurkamal @ Kamal as injuries attributed to them were on the non-vital parts of the body and only single injury was attributed to them. As per the Status Report, it has been verified that short name of the petitioner is Vishal @ Gora and his full name is Baljinder Singh.
Keeping in view the above, it is not deemed to be a fit case where the petitioner deserves the concession of anticipatory bail. Dismissed.
May 21, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.