Harshdeep Singh v. State Of Punjab
CRM-M-67869-2025
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HARSHDEEP SINGH
STATE OF PUNJAB
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The petitioner has filed the instant first petition under Section 482 of the BNSS, 2023 for grant of pre-arrest bail in case bearing FIR No 206 dated 20.07.2025 registered under Sections 115(2), 126(2), 351(2), 3(5) of BNS, 2023 (Sections 117 (1), 118 (1) and 118(2) of the BNS, 2023 added later on) at Police Station Amargarh, District Malerkotla. 2.
The FIR in the present case has been registered on the statement of Inderpreet Kaur W/o Kuldeep Singh which reads thus:- "Stated that I am a resident of the above address, I do household work, my husband Kuldeep Singh son of Samsher Singh who has gone
+ abroad to Kuwait, I have a son Amritpal Singh aged about 14 years, our house is in the field, on dated 17-072025 at around 6.30 PM, I along with my son Amritpal Singh was spraying the grass at the back of my house. When Harsdeep Singh @ Roda son of Gurdeep Singh resident of Badla who came into my house tore my clothes and choked my neck with a dupatta and tried to outrage my modesty by tearing my clothes, he was holding a wooden stick in his hand. When he came, he gave stick blow on my right leg. My son Amritpal Singh, aged about 14, came forward to save me. Harsdeep Singh got angry and gave beatings to him as well, which caused injuries on the left arm and left leg of my son. When I tried to save my son, the above mentioned Harsdeep Singh gave another an blow with his stick, which hit my left thigh.
He again gave stick blow, when I put my right arm forward to save myself, and the stick hit my right arm. I started shouting loudly for help. Upon hearing the noise, Gurdeep Singh, son of Shamsher Singh, resident of Badla, and his wife Jasvir Kaur came at the spot. Then the above mentioned Jasvir Kaur caught hold me from my hair and Gurdeep Singh gave kick blows and fist blows to me. My son and I tried to escape and ran towards our house, then Harsdeep Singh came in front and surrounded me and picked up a spade (Kahi) that was lying there and gave spade (Kahi) blow which hit below the knee of my left leg and Gurdeep Singh picked up a brick bat and threw it on my left arm which hit the elbow of my left arm. Jasvir Kaur gave fist blow on my neck. During the fight, my right hand and left hand and right foot were also injured.
My son and I shouted loudly "Marta Marta" to save ourselves and while escaping from them, we went inside our house. The above mentioned Harsdeep Singh alias Roda entered our house after us who gave slaps, fist blow to me.
, the noise of the fighting, people from our neighborhood gathered there, and upon seeing the people gathering there, Harshdeep Singh Roda and his father Gurdeep Singh and his mother Jasvir Kaur fled from the spot along with their weapons, while giving abuses and threats to me and went towards their house. The reason for the fight is that earlier also they gave beatings to me and by threatening and harassing me, they want to put scaffolding on the roof of my house in order to plaster the wall of their house, to which I refused. This is the reason why they gave beatings to me and my son and caused injuries. I called my brother Bahadur Singh, son of Kulwant Singh, resident of Akbarpur Channa on phone regarding this fight, and told him the whole incident.
After some time, he came along with our relative Baljinder Singh, son Nachhattar Singh, resident of Shergarh Cheema, police station Sandour, to my house, who admitted me and my son to the Civil Hospital Malerkotla for treatment, where my son Amritpal Singh and I are under treatment. I have got my statement recorded to you in the of presence of my brother Bahadur Singh."
3.
Learned Counsel appearing on behalf of the petitioner(s) contends that it is a case of inter se dispute between the family members which sprung up on account of certain disagreements regarding placement of a scaffolding on the roof of the complainant's house for plastering the wall of the petitioner's house. He contends that there are two injuries specifically attributed to the petitioner including one with a stick on the hand resulting in fracture of the unicortical. The doctors in their opinion expressed that the possibility of the injury being self inflicted cannot be ruled out. He further contends that certain allegations levelled by the complainant with respect to tearing of her clothes and outraging her modesty
- have been found to be false by the Police, hence, it is a case of an evident false implication by the respondents and over implication of the petitioner. He further contends that other co-accused namely Jasvir Kaur and Gurdeep Singh have already been granted concession of interim bail by this Court. 4.
Learned Counsel for the complainant as well as the State contend that the case of a petitioner does not stand on a similar footing as that of the other co-accused as the injuries attributed to them are only simple in nature whereas the two specific injuries that have been attributed to the petitioner are opined to be grievous in nature one of which caused fracture of unicortical on the hand and the second injury was as a result of the Kahi blow below the knee of the left leg. Hence, offences under Section 118 (1) and 118 (2) are specifically made out against the petitioner. 5.
It is further contended that merely because the petitioners are neighbours and related to each other, the same would not be a ground to claim immunity from the incident, when the complainant is stated to have sustained grievous injuries and the same have been specifically attributed to the petitioner.
6.
I have heard learned Counsel appearing on behalf of the petitioner and have gone through the documents appended alongwith the present petition.
7.
Prima facie, both the injuries attracting Section 118(1) and 118(2) are attributed to the petitioner herein. Even though an ardent attempt has been made by the Counsel for the petitioner to contend that there is a possibility of the injuries having been self-inflicted, however, the said argument cannot be accepted at face value. The aforesaid opinion is only in respect to the injury of unicortical fracture and not with respect to the
. injuries inflicted by a sharp edged weapon attracting Section 118 (2) on the left leg. At the stage of adjudicating a petition seeking bail, the Court is required to see prima facie allegations with specific attributions that have been levelled against an accused. Seemingly, the role of the petitioner is at variance from the other co-accused to whom concession of interim bail has already been granted. Hence, no parity can be claimed with the said coaccused. 8.
Noticing the aforesaid facts and circumstances and taking into consideration the allegations against the petitioner, the nature of injuries attributed to him and the consequential multiple fractures sustained by complainant, I am of the opinion that the petitioner does not deserve the concession of anticipatory bail. The present petition is accordingly dismissed.
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