AMANDEEP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 85 of 2025, dt. 27/6/2025, registered at Police Station, Damtal, District Kangra, H.P., for the commission of offences punishable under Ss. 115(2), 309(4), 324(4), and 238 read with Sec. 3(5) of Bhartiya Nyaya Sanhita, 2023 (BNS).

(2.) It has been asserted that, as per the prosecution, the informant Mohan Singh was performing night duty at Toll Barrier, Bhadroya, along with his colleague Rajneesh Kumar in the intervening night of 26/27/6/2025, at about 11 26 PM. A vehicle bearing registration No. PB-01B-8761 was stopped at the barrier. Four people were sitting in the vehicle. They objected to the payment of toll. One person came out of the car and started abusing and assaulting the informant. Two other people also came out of the car. The assailants snatched Rs.55,000.00 and fled towards Kandwal. They returned after a few minutes and attacked the informant and his colleague with swords. They caused damage to the barricade and the motorcycle. These allegations are false. The petitioner is innocent, and he was falsely implicated. The allegations in the FIR do not disclose the petitioner's involvement. The petitioner is a taxi driver, and he was using his vehicle to convey the persons who were described as Nihang. The taxes are collected through the Fast Tag in Toll Plaza, and the informant's version regarding the snatching of the Rs.55,000.00 is highly improbable. Grant of bail is the rule and jail is the exception. The petitioner had taken the vehicle on rent from one Harinder Sahi on a monthly rent of Rs.21,000.00. The petitioner is the sole earner of his family. He has two years old child who is totally dependent upon him. The petitioner has no criminal antecedents except one FIR No. 255, dt. 28/6/2025, registered at Police Station Kharar, Mohali. The police have filed the charge sheet on 25/8/2025, and no purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions that the Court may impose. Hence the petition.

(3.) The petition is opposed by filing a status report asserting that informant Mohan Singh and Rajeesh Kumar were posted at night duty at Bhadroya Barrier in the intervening night of 26/27/6/2025. A vehicle bearing registration No. PB-08B-08161 came from Pathankot at about 11.26 PM. Four people were travelling in the vehicle. One person came out of the vehicle carrying a sword. He asked the informant as to why he (accused) was being stopped and a toll being charged from him. Two other persons armed with swords got out of the vehicle. One person slapped the informant and snatched Rs.55,000.00. The informant called his Manager, Harish and told him about the incident. The assailants returned after some time. Three people got out of the vehicle and ran after the informant and Rajneesh. They also damaged the barricade and the motorcycle bearing registration No.HP-97-0366. The incident was recorded on the CCTV camera. The police registered the FIR and investigated the matter. The police checked the CCTV Footage and found three Nihangs brandishing their swords. They also snatched money from the employees of the Toll Tax Barrier. The petitioner had given beatings to the employees of the Toll Tax Barrier. The petitioner was found at Nijar Chowk, Khad. The police disclosed their identity. The petitioner attacked the police party with a sword. The local police reached the spot, and the petitioner also attacked them. FIR No. 255/25 was registered against the petitioner. The petitioner was residing near Ulhasnagar, Thane, Mumbai; however, he had left that place six years ago. He claimed that he was residing at Nala Supara, but he was not found to be residing at Nala Supara after 2024. The other accused has absconded. The petitioner would also abscond if released on bail. Therefore, it was prayed that the present petition be dismissed.