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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.0149, dated 22.08.2026 registered at Police Station Sadar Raikot, District Ludhiana (Rural), under Sections 332(c), 118(1), 118(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’).
On the statement of one Jit Singh, the FIR in question was registered, the translated version of which (as given in Annexure P-1) is as under:-
“Statement of Jit Singh son of Bant Singh son of Harnam Singh resident of Dehleej Kalan P.S. Sadar Ahmadgarh District Malerkotla aged about 60 years. Stated that I am the resident of above mentioned address and aged about 35 years I am running as a RMP Doctor's in clinic at Village Meherna Kalan. That on 18.08.2026 as my daily routine I was present at my clinic then at about 12:30 PM in afternoon Lovepreet Kaur wife of Mandeep Singh resident of Meherna Kalan came to my clinic along with his son to get medicine for him. I gave him the medicine and asked him to give fees regarding the same on which she told that we are not leaving our village. Then I told them that the previous amount due towards you for the medicine is Rs. 1100/- and now of today is Rs. 100/-. You should hand over above amount to me. On which she got angry and started abusing me and also threw medicine at the spot. On 19.08.2026 as my normal routine I reached at my shop around 9:00 AM at Village Meherna Kalan. Then at about 9:40 AM I was sitting on my chair then Lovepreet Kaur wife of Mandeep Singh resident of Meherna Kalan came there along with two Nihangs wearing Sikh Attire (Bana). Who after entering the shop said that brothers he is the one who ask for the amount from us. He is harassing us. On which one of them who was short in height raised lalkara to his other companion who was tall in height that what you are looking at he should not be spared. Then I got up from my chair and stood up. Then the young Nihang taller in height took of his Kirpan which was hanging on his left side of his back. Give a blow from his right hand at me and in order to save myself I raised my both hands but the intensity blow of the kirpan was so much which hit on my turban and also got hit on the inner side of the thumbs of both the hands. Due to which there was a crack in the bone on my left hand and further due to which thumb was hanging. In order to save himself I came out of my shop then on raising alarm my neighbour Gurdeep Singh son of Gurdev Singh resident of Meharna Kalan came at spot. Then in order to save themselves three of them fled away from the spot along with their respective weapons by giving threats. Thereafter Gurdeep Singh and Sukhchain Singh son of Didaar Singh resident of Meharna Kalan got me admitted in Ahmedgarh Hospital for treatment where my right hand was got operated. Motive behind the occurrence is that I have to get the money recovered of the medicine from Lovepreet Kaur and from her husband and due to their refusal Lovepreet Kaur called his brothers and cause serious injuries to me. We have inquired that along with Lovepreet Kaur his brothers Mehakpreet Singh and Davinder Singh alias Tiwari sons of Kewal resident of Sohian in Nihang Attire came at near Kup Kalan District Malerkotla and who give beatings to me. Today in the presence of my son Yograj Singh I have recorded my statement which is heard to be true and correct. Action may be taken. I Applicant Sd/- Jit Singh.”
Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that in fact, when the petitioner had gone to the clinic on 18.08.2026, the complainant made an attempt to outrage the modesty of the petitioner as a result of which, she had gone to the clinic with her husband on 19.08.2026 but the petitioner was falsely implicated in the present FIR. He submits that even the police had been called at the spot by dialing ‘112’ but no action was taken. Learned counsel also submits that even if, for the sake of arguments, the allegations are believed to be correct, no overt act attributed to the petitioner. He further submits the petitioner is willing to join investigation and abide by any condition imposed by the Court
Per contra, learned State counsel has opposed the prayer for the grant of pre-arrest bail stating that the grievous injuries were inflicted upon the complainant and, therefore, custodial interrogation would be required.
I have considered the submissions made by learned counsel for the parties.
The complainant, who is stated to be a registered medical practitioner, is stated to have had an altercation with the petitioner on 18.08.2026 on account of payment of some dues. On 19.08.2026, the petitioner along with two Nihangs entered the clinic of the complainant and on the pointing out of the petitioner, the two persons attacked the complainant. The blow with a Kirpan was with such force that the thumb of the complainant got severed. The petitioner and the accused are then alleged to have fled from the spot. The allegations are extremely serious. Such incidents are on the rise. If the modesty of the petitioner outraged, there was a remedy for that. Nothing has been brought on record to show that any complaint was submitted to the police in writing as regards the alleged outraging of modesty.
Keeping in view the gravity of the allegations, this Court does not find it to be a case where the concession of anticipatory bail should be extended.
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.