CRM-M-27471-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 CRM-M-27471-2025 Date of decision: 23.05.2025 Sahil Saini ......Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present: Mr. R.S. Manhas, Advocate for the petitioner. Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL , J (ORAL) 1. The instant 2nd petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case FIR No.27 dated 08.04.2024 under Sections 452,323,324,427,34 IPC (Section 326 IPC added later on) registered at P.S Taragarh, District Pathankot. 2. Learned counsel for the petitioner, on being asked at the very outset as to what was the material change in the circumstances after the previous petition was dismissed as withdrawn on 04.02.2025, learned counsel has submitted that all the three material witnesses including the injured-complainant has been examined and hence there can be no apprehension of the petitioner intimidating or influencing the witnesses. In addition, it has also been submitted that 19 prosecution witnesses still remain to be examined. It has further been submitted that a perusal of the FIR annexed as Annexure P.1, reveals that the petitioner has been attributed only injuries on the non-vital parts of the body of the petitioner i.e datar injury on the thumb , which was opined to be grievous in nature. 3. Per contra, learned State counsel, on instructions from ASI Satpal, while opposing the prayer and submissions made by the counsel opposite, has not MANOJ KUMAR 2025.05.24 05:33 I attest to the accuracy and authenticity of this order CRM-M-27471-2025 2 disputed that the petitioner has been in custody since 08.07.2024. However, he has refuted, on instructions that three material witnesses including the complainant-injured have been examined. However, he has reiterated the allegations levelled in the FIR in question, which stands reproduced hereinunder: - “ Statement of Aman Kumar son of Late Palwinder Kumar resident of Helbelt Pindi, PS Taragarh aged about 24 years, mobile no. 8872916350. Stated that I am the resident of aforementioned address and I am doing the work of selling meat in the rented shop at west side of Village Haibat Pindi. On dated 06/04/2024 at about 8.30 PM, I was doing my work at thy shop. My brother Rahul Kumar @ Kaka was also with me. In the mesinitime Rahul Kumar son of Kuldeep Kumar resident of Haibat Pindi wielded with datar, Sahil Saini son of Jaswinder Pal resident of Qajju Jagir wielded with datar, Anil Kumar son of Kishan Chand resident of Ralpar Chandigarh wielded with datar came outside my shop, then elforementioned Rahul gave a lalkaara and said, "Catch hold of him, he used to tailk bad against us." I came out of my shop and said to them that I never talked anything bad about them. In the meanwhile aforementioned Rahul Kumar gave datar attack on me which struck in the middle of my, head. Then aforementioned Sahil Saini gave consecutive two datar attacks upon me. In order to save myself, 1 raised my left hand then both attacks hit on the inner side of the wrist of my Jelt arm sind on the thumb of my left hand by turn. Then aforementioned Anil Kumar gave a datar attack on me which struck on the knee of my belt leg. I fell on the ground. Upon my falling all of them gave me internal injuries while beating. I raised alarm, "maar-ditta, maar-ditta". Upon heaning my noise, people started gathering there. All the aforementioned assailants ran away from the spot with their respective weapons. My brother Rahul Kumar @ Kaika and Atul Sharma resident of Taragarh alter arranging vehicle got me admitted to Civil Hospital, Pathankot where doctors bandaged me and issued my MLR and discharged me. That all the aforementioned persons again forcibly entered our house with their respective weapons and took two motorcycles parked in the verandah, one of them Hero No. PB35 AD 2871 and other motorcycle Pulsor PB18 S 5679, from home and aforementioned Rahul Kumar son of Kuldeep Kumar has done MANOJ KUMAR 2025.05.24 05:33 I attest to the accuracy and authenticity of this order CRM-M-27471-2025 3 harm by standing them in front of his house in the street and setting them on fire. Cause of grudge is that all the aforementioned persons were having suspicion on me that I talk exaggeratedly against them with others. Because of this grudge they injured me while beating me and harmed both my motorcycles by setting them on fire. I along with my brother Rahul Kumar @ Kaka was going to Police Station to give information, that you met us. Legal action be taken against aforementioned persons. ” 4. Learned counsel for the petitioner, however, has opposed the contention raised by learned State counsel and has placed on record the testimonies of all the three material witnesses in support his submissions. 5. I have heard learned counsel for the parties and perused the relevant material placed on record. 6. The petitioner has been in custody since 08.07.2024. All the three material witnesses including the complainant-injured who was allegedly inflicted datar injury on his thumb (which was opined to be grievous in nature by the Doctor) has since been examined before the trial Court. In these circumstances, there can now be no apprehension of the petitioner intimidating or influencing witnesses or tampering with the evidence. The trial is unlikely to conclude in the near future as 19 prosecution witnesses still remain to be examined, in the facts and circumstances as enumerated hereinabove, this Court, therefore, deems it fit to extend the concession of regular bail to the petitioner. 6. Accordingly, the instant petition is allowed, and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 7. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. MANOJ KUMAR 2025.05.24 05:33 I attest to the accuracy and authenticity of this order CRM-M-27471-2025 4 8. Needless to add here, in case the petitioner is found misusing the concession of bail, the State would be at liberty to approach this Court to seek cancellation of bail to him. May 23, 2025 (MANJARI NEHRU KAUL) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2025.05.24 05:33 I attest to the accuracy and authenticity of this order