BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition for pre-arrest bail has been filed by petitioner Baljinder Singh @ Binda, an accused in FIR No.139 dated 11.05.2021, for offences under Sections 452, 427, 323, 148 and 149 IPC, registered with Police Station City, Faridkot.

(3.) Briefly stated the facts of the case as per prosecution story are that, on 09.05.2021, complainant Kewal Singh son of Niranjan Singh, resident of Fauji Wali Gali, Bazigar Basti, Faridkot, aged about 35 years, a labourer by avocation along with his family members was present in his house; his elder brother Resham Singh and Parminder Singh were also there; at about 1.30 PM, Happy Singh and Mandeep Singh sons of Babbu Singh having swords, Babbu Singh son of Hazura Singh armed with a sota, petitioner/accused Baljinder Singh @ Binda armed with a sword, Jettu Singh armed with a sword, Happy son of Deepa Singh armed with a rod, Sammi son of Chhinder Singh armed with baseball bat, Harpreet Singh son of Pal Singh armed with a sota, Pattu son of Jeeta Singh having a hand-pump handle, Rahul son of Billa Singh having a baseball bat, Gaggi son of Budhu Singh armed with a sota, all residents of Bazigar Basti, Faridkot accompanied by 5-6 unknown persons carrying dandas and sotas came in front of house of the complainant and started raising lalkaras for teaching complainant side a lesson for stopping them from standing in the street; then all those persons opened the main gate of house of the complainant and trespassed therein, started destroying articles lying in the house; when complainant Kewal Singh and his brother Resham Singh stopped them from doing so, then, they attacked them with their respective weapons; Happy son of Babbu Singh gave a sword blow to Resham Singh, hitting him on head; petitioner/accused gave a sword blow finding its target on the right hand of Resham Singh; after receiving the injuries, Resham Singh fell down; when complainant Kewal Singh came forward to rescue his brother Resham Singh, then all those persons started giving beatings to complainant Kewal Singh and Resham Singh, while Resham Singh was lying down; when the victims raised alarm, then Balkar Singh son of Harbans Singh, R/o Mohan Avenue, Faridkot arrived at the spot, who also raised alarm; when several other persons from neighbourhood started gathering at the spot, then the assailants ran away therefrom along with their respective weapons; since blood was oozing out from the head injury of Resham Singh, he was removed to Guru Gobind Singh Medical College and Hospital, Faridkot for treatment; the motive for the incident was that Happy Singh, Mandeep Singh sons of Babbu Singh are drug addicts and after consuming drugs, they along with other boys used to stand in the street without any reason to which the complainant side objected and on account of that grudge, such persons accompanied by their accomplices had trespassed in the house of complainant and caused injuries to the complainant and his brother Resham Singh, besides damaging household articles and window panes of the house; on matter being reported to the police, formal FIR was recorded.