BHIM SEN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Taken up through video conferencing.

(2.) This is the first petition under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail to the petitioner in FIR No.286 dated 12.10.2020 under Sections 323, 324, 354, 148, 149 of the Indian Penal Code, 1860 ('IPC for short) and Sections 325 and 326 IPC (added later on) registered at Police Station Shahkot, District Jalandhar.

(3.) The brief facts as set out in the FIR are that the same was registered on of the statement of complainant-Himmat Wadera Chinu s/o Subhash Chandar alleging therein that he is running a sweet shop. On 10.10.2020 he, along with his father Subhash Chander, came back to his house after closing the shop and his father went to get a shave and he sat out on a scooter in the Bazaar. There Bhim Sen s/o Prem Parkash(petitioner-herein) attacked the complainant with a Dattar on his head due to which he fell down. Then sons of Bhim Sen, namely, Ram Wadera and Prince, also came along with 3 other the boys who had muffled their faces. Prince and Ram started attacking the complainant with Dattar. Ram Wadera attacked on his first finger of the left hand as a result of which his finger was separated from his hand. The said Ram Wadera is also alleged to have attacked with the reverse side of Dattar on the wrist of his left hand. Prince attacked with Dattar on his bicep of left arm. Anu Wadera w/o Bhim Sain also came to the spot who attacked with a Danda on the mouth of the complainant due to which his teeth broke. She also attacked with the Danda on his foot. After hearing the hue and cry people gathered at the spot and the accused ran away. The complainant was unconscious and was brought to City Hospital, Shahkot by his family members where the doctors gave first-aid and referred him to Civil Hospital, Jalandhar. But his family took him to Guardian Hospital, Jalandhar.