DHARAMVEER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No. 89 dtd. 2/11/2024 registered under Ss. 115(2), 118(1), 351(2), 118(2), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS, 2023') at Police Station Nurpur Bedi, District Rupnagar.

(2.) As per the prosecution case, on 1/11/2024 the complainant Rakesh Kumar was getting a hair cut done at the shop of Harmesh @ Meshi in the village market, where at about 02:15 PM Dilpreet Singh and Surjeet Singh sons of Bhag Chand, Gurpreet Singh @ Gaggi, Harpreet Singh @ Kala sons of Kamal Chand, Preeti son of Shinder resident of Tedewal and an unknown person came. Dilpreet Singh and Harpreet Singh, who were armed with kirpans attacked upon Rakesh Kumar. Dilpreet Singh gave kirpan blow which hit on the left arm of complainant Rakesh Kumar. Harpreet Singh gave kirpan blow which hit on his left leg. Gurpreet Singh @ Gaggi, Surjeet Singh, Preeti and unknown person, who were also armed with kirpans had caused injuries on his left arm, left leg and other parts of his person with their respective weapons. Thereafter, the FIR (supra) was registered.

(3.) Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case and initially 06 persons were named in the FIR, out of which, 02 have been declared as innocent and no plausible motive has been given for the petitioner to have participated in an attack on the complainant. He also submits that the test identification parade of the petitioner is not reliable, wherein the complainant has described the petitioner as an unknown person, raising doubt about the accuracy of identification process and the injuries sustained by the complainant do not match the narrative provided by the prosecution and the accused, who have been named in the FIR namely Harpreet Singh @ Kala and Jaswinder Kumar @ Preeti have been granted the concession of regular bail by this Court vide orders dtd. 27/1/2025 (Annexure P-3) and 5/2/2025, passed in CRM-M-34242025 and CRM-M-5559-2025 respectively and the case of the petitioner is at a better footing than the co-accused who have been granted the concession of regular bail by this Court.