BHAVJEET SINGH GILL Vs. UT CHANDIGARH

JUDGEMENT

(1.) This petition for pre-arrest bail has been filed by petitioner Bhavjeet Singh Gill, aged about 26 years, an accused in FIR No.0005 dated 11.01.2020, for offences under Sections 147 , 148 , 149 , 307 IPC and Sections 25 and 27 of the Arms Act, registered with Police Station South Sector 34, District Chandigarh.

(2.) Briefly stated facts of the case as per prosecution version are that on 10.01.2020 in the morning, complainant Jagtar Singh along with his friend Samar Bhat had gone to Kharar to meet his friend Lovepreet Singh @ Ebal. Lovepreet Singh @ Ebal had suffered head injury during previous night and they took him to Govt. Medical College and Hospital, Sector 32, Chandigarh for treatment, where he was admitted as an indoor patient. Then complainant Jagtar Singh and Samar Bhat had returned to flat of Lovepreet Singh @ Ebal at Kharar. On 11.01.2020 at 11.00 AM, complainant Jagtar Singh along with Samar Bhat in his car No.PB-10-FL-4526 had gone to GMCH, Sector 32 Chandigarh to meet Lovepreet Singh @ Ebal. They had parked the car near gate No.1 and gone inside the hospital. Samar Bhat had enmity with some boys. At about 10.30 PM, when complainant and Samar Bhat were standing inside the emergency ward, then two persons came towards the complainant, stating that he was friend of Samar Bhat and they would not spare him. The complainant was scared and he rushed towards his car. Then, 05 boys came towards him from the side of emergency gate and fired gun shots at him with intention to kill him. The complainant hid himself on the back side of the car. One passerby, namely Gurdial Singh had sustained bullet injury on his arm. When the people gathered at the spot, then the assailants fled away in car bearing registration No.PB-11AV-0021. During the course of investigation, 03 empty shells of the cartridges were taken into possession from the spot. The car of the complainant having 05 bullet marks was also seized. On 11.01.2020, statement of Samar Bhat was recorded, wherein he stated that few days earlier he had a verbal clash with Nishan Khera and his friends namely Bhavjit Singh Gill, Kanwarpreet Singh, Baljit Chaudhary and Dilpreet @ Billa over the issue of posting objectionable counter Tik-Tok videos against all of them. In the meanwhile, Bhavjit Singh Gill was attacked and beaten up by unknown boys in Mohali. Bhavjit Singh Gill had sustained multiple injuries. He otherwise supported the version of complainant in his statement.

(3.) Apprehending his arrest in this case, petitioner/accused had approached the Court of Sessions seeking pre-arrest bail. However, his such bail application was dismissed by learned Addl. Sessions Judge, Chandigarh, vide order dated 13.02.2020. Therefore, he has approached this Court, craving for grant of similar relief, which request is being opposed by the counsel representing UT Chandigarh and counsel for the complainant. I have heard learned counsel for the parties besides going through the record.