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Judgment
VIKRAM AGGARWAL, J (ORAL)
The prayer in the present petition preferred by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') is for the grant of anticipatory bail in case FIR No.42, dated 01.03.2026 registered at Police Station Kotwali Kapurthala, District Kapurthala, under Sections 115(2), 118(1), 118(2), 333, 351(2), 351(3), 190, 191(3), 109 of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') (Sections 109, 118(2) BNS added subsequently).
On the statement of one Kulvir Singh, the FIR in question was registered, the translated version of which (as given in Annexure P-1) is as under:-
“Statement of Kulvir Singh son of Satnam Singh R/o village Jhal Thikriwal P.S. Kotwali, Kapurthala District Kapurthala aged about 35 years Mobile No.98151-47580. Stated that I am resident of above address and do agriculture work. On 27.02.2026 at about 2:30 PM I was welding my trolley in the Haveli constructed at the back of my house because we had to take the tractor trolley to Sri Anandpur Sahib on a fair. When I was busy with my work then suddenly Dilbag Singh @ Baga son of Jasvir Singh having iron datar, Davinder Singh @ Gandhi son of Jasvir Singh having iron datar, Arshdeep Singh @ Arsh son of Tarsem Singh having datar, Amrit Singh @ Amma son of Tarsem Singh having datar all residents of village Jhal Thikriwal P.S. Kotwali, Kapurthala and 3-unknown persons who were having weapons came and thereupon Davinder Singh @ Gandhi raised lalkara saying today he should not be spared and we will kill him. Then Dilbag Singh @ Baga above said attacked me with his datar which hit on the left side of my forehead. Second blow was given by Davinder Singh @ Gandhi with his datar which hit on the left side of my head. Third blow was given by Dilbag Singh @ Baga with his datar which hit on my head. Then fourth blow was given by Davinder Singh @ Gandhi with his datar which hit a little above my left ear. Then fifth blow was given by Arshdeep Singh @ Arsh with his datar which hit on the backside of my head. Sixth blow was given by Amrit Singh @ Amma with his datar and while trying to save myself the same hit on the little finger of my left hand. Seventh blow was given by Dilbag Singh @ Baga with his datar and while trying to save myself the same hit on the thumb of left hand. Eighth blow was given by unknown persons with his datar which hit on the index finger of left hand. Then the above said persons threw me on the ground and while I was on the ground they gave beatings to me. I tried to save myself from them and raised a lot of noise and started running towards my uncle's house. On hearing my noise my uncle Santokh Singh son of Mukhtiar Singh and other family members saved me from above said persons and on seeing people gathering, above said accused ran away from the spot with their weapons while giving threats to kill. Due to my injuries my uncle Santokh Singh arranged for a vehicle and got me admitted to civil Hospital, Kapurthala. Due to serious nature of injury on my head I was referred to Arman Hospital, Jalandhar where I am under treatment. Legal action be taken against above said accused persons. I have given the statement in the presence of my uncle Santokh Singh. Heard the same it is correct. Sd/- Kulvir Singh..”
Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the petitioner is an 18 year old boy and even as per the allegation, the datar blow alleged to have been given by the petitioner landed on the little finger of the complainant and the injury has been declared to be a simple injury. He further submits that the antecedents of the petitioner are clean and he is willing to join the investigation and abide by any condition imposed by the Court.
Per contra, learned State counsel has opposed the petition for the grant of anticipatory bail stating that the allegations are very serious.
I have considered the submissions made by learned counsel for the parties.
A murderous attack took place on Kulvir Singh on 27.02.2026. He suffered 8 injuries which included depressed fracture on the head. The said injury has been declared to be dangerous to life. Merely because the injury attributed to the petitioner has been found to be simple would not mean that the petitioner is entitled to be granted the concession of anticipatory bail. The petitioner was a part of the unlawful assembly which carried out the murderous attack on Kulvir Singh, who is lucky to have survived, with the kind of injuries that were inflicted upon him. In the considered opinion of this Court, the manner in which the attack took place and the nature of injuries suffered by Kulvir Singh dissuade this Court from extending the concession of anticipatory bail to the petitioner despite his young age and the injury attributed to him having been found to be simple.
That being so, the petition is found to be devoid of merit and is accordingly dismissed.
However, nothing stated herein above shall be construed to be an opinion on the merits of the case.