MOHAMMAD SIRAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short "BNSS ") seeking anticipatory bail in the FIR mentioned below:-

(2.) As per the allegations, on 3/8/2025, the complainant Abdul Satar had gone to Village Mandi Ahmedgarh to meet his relative Sahibdin and at about 4 PM, when he was sitting in the grocery shop of his relative, the petitioner accompanied by the co-accused reached there. All of them were armed with weapons. Accused Mohammad Saudagar struck a blow with iron rod on the petrol tank of his motorbike. He then opened an assault upon the complainant by striking an iron rod against his head. Co-accused Hisar Mohammad also caused injury with iron rod on his head. Blood started oozing out of his wound. The petitioner and the co-accused dragged him out of his shop and struck blows with their respective weapons on his person while making exhortation that they would kill him. The petitioner then made another exhortation to the co-accused to hit in his head and then he himself gave multiple blows with iron rod on his left arm. In the meanwhile, several persons had reached there and raised clamour and then, the assailants fled from the spot. The complainant was rushed to the hospital. On his complaint, initially, a case under Ss. 333, 117(2), 115(2), 324(4), 351(2) and 3(5) of BNS was registered. During the course of investigation and as per the medico legal report, offence under Sec. 109 of BNS has been added. The investigation is underway. Apprehending his arrest, the petitioner moved an application for grant of anticipatory bail which has been dismissed by the Court of learned Additional Sessions Judge, Malerkotla vide order dtd. 6/11/2025.

(3.) It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. The injuries sustained by the victim have not been opined to be dangerous to life, hence, the ingredients for commission of offence under Sec. 109 of BNS are not attracted. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. He has clean antecedents. It is, thus, urged that the petition deserves to be allowed.