Punjab-Haryana High Court
Lakhbir Singh vs State Of Punjab on 11 November, 2025
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
213
CRM-M-61962
61962-2025(O&M)
Date of decision: 11.11.2025
Lakhbir Singh ...Petitioner
VERSUS
State of Punjab ...Respondent
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Ms.. Simsi Dhir Malhotra, Advocate, for the petitioner.
Mr. Mohit Kapoor, Sr.DAG, Punjab.
*****
VINOD S. BHARDWAJ,
BHARDWAJ J. (Oral)
The instant first petition has been filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
petitioner in case bearing FIR No.294 dated 12.09.2025 registered under
Sections 109, 132, 221, 115(2), 118(1) and 61(2) of the Bharatiya Nyaya
Sanhita, 2023 at Police Station City, District Hoshiarpur, Punjab.
2. The present FIR was registered on the statement of ASI Rakesh
Kumar. The true translated extract thereof reads as under:-
"Statement of ASI Rakesh Kumar, ASI local rank No.752/HSP son
of Raj Kumar resident of Bhunga, P.S. Hariana Distt. Hoshiarpur
aged 53 years, mobile No. 77174-07966.
07966. It is stated that I am
living on the above noted address and performing duty in the
Traffic Department of Punjab Police Hoshiarpur as LR/ASI and
today on 12.09.2025 1 was assigned the duty at Session Chowk
Hoshiarpur from 8 AM to 8 PM and at about 11 AM when I was
performing my duty at Sessions Chowk, Hoshiarpur then from the
side of Green View Park, one M/C No.PB-07-U-2413 mark
splender of black colour on which 3 youths were sitting. I gave a
signal to stop them on which driver of the motor cycle who was
sikh gentleman picked up the speed of his motor cycle and with the
intention to kill me and negligently hit me as a result of which
ankle of my right foot was fractured and I fell on the metaled road
due to which I also received injuries on my head and other parts
of the body and my uniform was also got torn. When I was lying
213 CRM-M-61962
61962-2025(O&M)
on the ground all the three youths entered into arguments and
used bad language. Several persons assembled on the spot and all
the three fled away from the spot. I gave a telephone call to my
uncle Jiwan Kumar and my uncle came on the spot and made an
arrangement for the vehicle and got me admitted in Civil Hospital
Hoshi
Hoshiarpur for treatment. Thereafter my uncle got me referred
from Civil Hospital to Narad Hospital Hoshiarpur for better
treatment where I am under treatment. Now I have come to know
that persons who was driving the motor cycle is Lakhvir Singh son
of Satvir Singh resident of village Naru Nangal Kila P.S. Sadar,
Hoshiarpur and the man who was sitting in the middle is
Harjinder Singh alias Joga resident of village Bohan P.S.
Chabbewal District Hoshiarpur and the man who was sitting on
the rear seat is Gulshan Kumar son of Tarlok Singh resident of
village Chaggran P.S. Chabbewal Distt. Hoshiarpur. All the
above said persons hit me with Motor cycle in order to kill me
with common intention. I have made the statement which is
correct. Sd/- Rakesh Kumar verified by Jiwan Kumar uncle,
Attested by Manjit Singh ASI P.S. Hoshiarpur dated 12.09.2025."
3. Learned counsel appearing on behalf of the petitioner inter alia
contends that petitioner's name was initially not disclosed but was introduced
later having been inferred as the person driving the motorcycle. She further
contends that on the date of occurrence, the complainant was performing the
duty of traffic department and saw three accused coming on a motorcycle. On
account of an inadvertent error of judgment, the ac
accused accidentally struck the
complainant who sustained an injury on the right foot near the ankle, causing
him to fall to the ground following which an altercation ensued. The offence
under Section 109 Bharatiya Nyaya Sanhita, 2023 is thus not made out as it
was a case of mere accident and not an act of causing any injury on any vital
part of the body of the complainant. She further contends that the petitioner is
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61962-2025(O&M)
in custody since 13.09.2025 and has undergone nearly 02 months of actual
custody and that the petitioner is not involved in any other case.
4. Learned State Counsel is not in a position to dispute the aforesaid facts.
He however submits that the police official-complainant
complainant has suffered a fracture
on his foot as a result of the acts committed by the petitioner. He informs this
Court that the investigation in the present case is yet not complete and the final
report is yet to be filed.
5. I have heard learned counsel for the respective parties and have
gone through the documents appended along with the present petition.
6. Taking into consideration, the period of custody, the absence of
any criminal antecedents, the circumstances in which the incident in question
occurred as well as the age of the petitioner (29 years)
years), I deem it appropriate to
allow the present petition.
7. Accordingly, the instant petition is allowed and the petitioner is
ordered to be admitted to regular bail subject to his furnishing bail/surety bonds
to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate
concerned.
8. It is made clear that the petitioner shall not extend any threat and
shall not influence any prosecution witness in any manner directly or indirectly.
9. The observation made hereinabove shall not be construed as an
expression on the merits of the case and the trial Court shall decide the case on
the basis of available material.
10. Pending application(s), if any, shall stand disposed of.
11.11.2025 (VINOD S. BHARDWAJ)
Sumit Gusain JUDGE
Whether speaking/reasoned : Yes/No
SUMIT SINGH GUSAIN Whether reportable : Yes/No
