PURAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Section 438 Cr.P.C. for grant of pre-arrest bail has been filed by petitioners Puran Chand @ Pooran Chand aged about 44 years and his sons Hari Om, aged about 22 years and Kannu @ Vishal Sharma, aged about 20 years, residents of Street No.2, Indira Nagri, Abohar, Tehsil Abohar, District Fazilka, all of them being accused in FIR No. 179 dated 26.7.2020, for offences under Section 353, 186, 188, 342, 323, 149 IPC and Section 51 of Disaster Management Act (Sections 188 IPC and Section 51 of Disaster Management Act, added later on), registered at Police Station City 1, Abohar.

(3.) Briefly stated, facts of the case, as per the prosecution story are that, criminal machinery in this case was set into motion by complainant- PHG Bablu Kumar 6767, posted at Police Station City 1, Abohar, aged about 45 years, who in his statement got recorded with the police stated that on 26.7.2020, when he alongwith PHG, Devi Lal, was on duty with PCR vehicle, motorcycle having No. PB22K-6488, then Devi Lal received a call on his mobile phone bearing number 81461-78357, from one Sushma Rani w/o Rakesh Kumar, resident of Street No. 2, Indira Nagri, Abohar, to the effect that some persons were fighting on the road. Then the complainant alongwith PHG Devi lal, who was posted at 12 No. Chowk, reached at the spot. They observed that some men and women were fighting in street No.2, Indira Nagri. Hari Om s/o Puran Chand Sharma gave a slap to Laxmi and otherwise beat her up. When the complainant and Devi Lal tried to intervene, then Hari Om gave a slap to the complainant. The complainant and Devi Lal tried to overpower him, but he entered his house. While the complainant chased him inside his house, Hari Om shut the door from inside and started beating up the complainant and gave a fist blow on his face. His co-accused Puran Chand s/o Rameshwar Dass , Kannu son of Puran Chand, Mamta w/o Puran Chand, Sudhir Kumar s/o Vishnu Sharma, Babita w/o Sudhir Sharma, on exhortation of Hari Om, gave merciless beatings to the complainant. Kannu gave a fist blow on the face of the complainant, whereas Sudhir Sharma gave a fist blow on his flank, Puran and his wife Mamta Rani dragged and tore clothes of the complainant. Mamta Rani took off badge from right shoulder of the complainant. Babita Rani and Hari Om struck head of the complainant on the wall, as a result of which, complainant suffered injury on the backside of his head. Then Hari Om stated that they should have some injuries on the persons from their side and who be got admitted in the hospital and complainant be implicated in a false case. As such Mamta struck her own head against the wall. The accused assailants took the complainant to the street and gave beatings to him, stating loudly that complainant had given injuries to them. Devi Lal had given information at the Police Station. Thereafter, the assailants ran away from the spot. PHG Devi Lal took the complainant -injured to Civil Hospital, Abohar and got him admitted there. He was medically treated and medico legally examined there.