The High Court
Case Details
IN THE THE HIGH COURT OF PUNJAB CHANDIGARH AT CHANDIGARH PUNJAB & HARYANA 213 Lakhbir Singh CRM-M-61962 Date of decision: 61962-2025(O&M) decision: 11.11.2025 VERSUS ...Petitioner ...Respondent State of Punjab CORAM : HON'BLE HON'BLE MR. JUSTICE VINOD VINOD S. BHARDWAJ Present :- Ms. . Simsi Dhir Malhotra, Advocate, for the petitioner. Punjab. Mr. Mohit Kapoor, Sr.DAG, Punjab Mr. ***** VINOD S. BHARDWAJ BHARDWAJ, J. (Oral)
Legal Reasoning
The instant first petition has been filed The filed under Section 483 of the Bharatiya Nagarik Nagarik Suraksha Sanhita, 2023 for for grant of regular bail to the petitioner in case case bearing FIR No.294 dated 12.09.2025 registered under Sections 109, 132, 132, 221, 115(2), 118(1) and 61(2) 61(2) of the Bharatiya Nyaya Sanhita, 2023 at at Police Station City, District Hoshiarpur, Hoshiarpur, Punjab. 2. The present FIR was registered on The the statement of ASI Rakesh Kumar. The true true translated extract thereof reads as as under:- “Statement of ASI Rakesh Kumar, ASI “Statement ASI local rank No.752/HSP son of Raj Raj Kumar resident of Bhunga, P.S. P.S. Hariana Distt. Hoshiarpur aged 53 years, mobile No. 77174-07966. aged 07966. It is stated that I am living on the above noted address living and performing duty in the Traffic Department of Punjab Police Traffic Police Hoshiarpur as LR/ASI and today on 12.09.2025 1 was assigned today assigned the duty at Session Chowk Hoshiarpur from 8 AM to 8 PM and Hoshiarpur and at about 11 AM when I was performing my duty at Sessions Chowk, performing Chowk, Hoshiarpur then from the side of Green View Park, one M/C side M/C No.PB-07-U-2413 mark splender of black colour on which 3 splender 3 youths were sitting. I gave a signal to stop them on which driver signal driver of the motor cycle who was sikh gentleman picked up the speed of sikh of his motor cycle and with the intention to kill me and negligently intention negligently hit me as a result of which ankle of my right foot was fractured ankle and I fell on the metaled road due to which I also received injuries due injuries on my head and other parts of the the body and my uniform was also also got torn. When I was lying SUMIT SINGH GUSAIN 2025.11.11 19:17 I attest to the accuracy and integrity of this document 213 CRM-M-61962 61962-2025(O&M) 2 on the ground all the three youths youths entered into arguments and used bad language. Several persons used assembled on the spot and all the three fled away from the spot. I I gave a telephone call to my uncle Jiwan Kumar and my uncle came uncle came on the spot and made an arrangement for the vehicle and got arrangement me admitted in Civil Hospital Hoshiarpur for treatment. Thereafter Hoshi Thereafter my uncle got me referred from Civil Hospital to Narad Hospital from Hospital Hoshiarpur for better treatment where I am under treatment. treatment treatment. Now I have come to know that persons who was driving the motor that motor cycle is Lakhvir Singh son of Satvir Satvir Singh resident of village Naru Naru Nangal Kila P.S. Sadar, Hoshiarpur and the man who was Hoshiarpur was sitting in the middle is Harjinder Singh alias Joga resident Harjinder resident of village Bohan P.S. Chabbewal District Hoshiarpur and Chabbewal and the man who was sitting on the rear seat is Gulshan Kumar son son of Tarlok Singh resident of village Chaggran P.S. Chabbewal village Chabbewal Distt. Hoshiarpur. All the above said persons hit me with Motor above Motor cycle in order to kill me with common intention. I have made with made the statement which is correct. Sd/- Rakesh Kumar verified correct. verified by Jiwan Kumar uncle, Attested by Manjit Singh ASI P.S. Hoshiarpur Attested Hoshiarpur dated 12.09.2025.” 3. Learned counsel appearing on behalf Learned behalf of the petitioner inter alia contends that petitioner’s petitioner’s name was initially not disclosed but was introduced later having been been inferred as the person driving driving the motorcycle. She further contends that on on the date of occurrence, the complainant complainant was performing the duty of traffic department department and saw three accused accused coming on a motorcycle. On account of an inadvertent inadvertent error of judgment, the ac accused accidentally struck the complainant who who sustained an injury on the right right foot near the ankle, causing him to fall to the the ground following which an altercation altercation ensued. The offence under Section 109 109 Bharatiya Nyaya Sanhita, 2023 2023 is thus not made out as it was a case of mere mere accident and not an act of causing causing any injury on any vital part of the body of the complainant. She further contends that the petitioner is SUMIT SINGH GUSAIN 2025.11.11 19:17 I attest to the accuracy and integrity of this document 213 CRM-M-61962 61962-2025(O&M) 3 in custody since since 13.09.2025 and has undergone undergone nearly 02 months of actual custody and that the petitioner is not involved in any any other case. 4. Learned State State Counsel is not in a position to dispute the aforesaid facts. He however submits submits that the police official-complainant complainant has suffered a fracture on his foot as a result of the acts committed by the the petitioner. He informs this Court that the investigation investigation in the present case is yet not complete and the final report is yet to be be filed. 5. I have have heard learned counsel for the the respective parties and have gone through the the documents appended along with with the present petition. 6. Taking into consideration, the period Taking period of custody, the absence of any criminal antecedents, antecedents, the circumstances in which which the incident in question occurred as well as the age of the petitioner (29 years) years), I deem it appropriate to allow the present present petition. 7. Accordingly, the instant petition is Accordingly, allowed and the petitioner is ordered to be admitted admitted to regular bail subject to his his furnishing bail/surety bonds to the satisfaction satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned. 8. It is is made clear that the petitioner shall shall not extend any threat and shall not influence influence any prosecution witness in any any manner directly or indirectly. 9. The observation made hereinabove The shall not be construed as an expression on the the merits of the case and the trial Court Court shall decide the case on the basis of available available material. 10. Pending application(s), if any, shall stand Pending
Decision
stand disposed of. 11.11.2025 Sumit Gusain (VINOD S. BHARDWAJ) (VINOD JUDGE Whether speaking/reasoned speaking/reasoned reportable Whether reportable SUMIT SINGH GUSAIN 2025.11.11 19:17 I attest to the accuracy and integrity of this document : : Yes/No Yes/No