ROHIT HANS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition is filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.140 dated 16.5.2021 under Sections 323, 341, 307, 379-B, 148, 149 IPC, registered at Police Station, Division No.3, District Ludhiana.

(2.) As per the contents of the FIR, complainant and his friend Karandeep Kalia son of Vishnu Dutt Kalia were coming back on their vehicles from the house of the friend of the complainant who is residing at Gaushala Road, Ludhiana. The complainant was on his activa and his friend Karandeep Kalia was on his motor cycle (Splendor). When they were going to Baba Than Singh Chowk from Mata Vaishno Devi Chowk approximately 12.05 a.m. then on the way, little ahead of Raj Jewelers, they reached near Dashmesh Singh Sabha Gurudwara then in the meantime, approximately 10-12 boys armed with weapons came there on motor cycles from their back side and after stopping them, Vishal Gill, Steam Sahota, Kartik Baggan, Akhil Sabharwal, Rohit Hans (petitioner) Real Pendu, Jatin Trendy and 5-6 unknown persons were there. Vishal Gill parked his motor cycle in front of the motor cycle of Karandeep Kalia and removed the key. Thereafter Karandeep Kalia asked the reason for removing the key and then Akhil Sabharwal slapped Karandeep Kalia and Vishal said to the complainant that they do not have any concern with him and they will teach lesson today to Karandeep Kalia only. Thereafter all of them attacked Karandeep Kalia with an intention to kill him and he raised voice in a loud manner for safety. Thereafter Vishal Gill gave blow of sword holding in his hand on the head of Karandeep Kalia with an intention to kill him which hit on his forehead. Steam Sahota hit on the head of Karandeep Kalia with iron khanda holding in his hand, blow of the same was also landed on his head. Akhil Sabharwal hit Karandeep Kalia on the leg with iron khanda holding in his hand which landed on his knee. Rohit Hans (petitioner) hit on the left hand of Karandeep Kalia with sword holding in his hand and Real Pendu hit on the arm of Karandeep Kalia with sword holding in his hand and 5-6 other unknown persons attacked upon Karandeep Kalia with baseballs and sticks with an intention to kill him. Due to this, Karandeep Kalia got injured and fell on the ground and Kartik Baggan was showing to someone by making video call when he was lying down and was saying that we have taken revenge of your quarrel and by saying so they all fled away from the spot on the vehicles alongwith their weapons and also while leaving also took mobile phone V-7 alongwith silver chain lying on the neck of Karandeep Kalia. Thereafter he was taken to Civil Hospital in an injured condition with the help of one Dipanshu. It is further stated in the FIR that reason behind the grudge was that the companions of Karandeep Kalia gave beatings to Puneet Bains friend of Vishal Gill some time earlier near Cheema Chowk, due to which these all were having grudge against Karandeep Kalia.

(3.) The learned counsel for the petitioner has submitted that in the present case the petitioner has been falsely implicated and even as per the allegations contained in the FIR the only allegation against the petitioner was that he had hit the injured on the left hand with sword holding in his hand. He further submitted that as per the MLR, there was no injury on the hand although there was an injury on the forearm and the injuries which have been declared as grievous do not pertain to the petitioner. He has, therefore, prayed for the grant of anticipatory bail.