Dharminder Kumar @ Katta vs State Of Punjab

Sanjay Vashisth, J

The instant petition has been filed under Section 483 of BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

Name of Petitioner(s)

FIR No.

Date

Section(s)

Police Station

District

Dharminder Kumar @ Katta, aged about 27 years

255

31.12.2024

115(2), 118(1), 118(2), 324(4), 333, 351(2), 191(3), 190 of BNS

Division No.6

Ludhiana

Complainant namely Gurmeet Kalsi, got registered the FIR, which reads as under:-

"I have three children, daughter Simran Kaur age 29 years, son Prameet Singh age 18 years, daughter Arsdeep Kaur age 23 years. My elder daughter Simran Kaur is married. On 28-12-2024, I was present in my house, my son Prameet Singh and my son-in-law Hemat Singh went to the market at around 6 PM on their motorcycle. The time must have been around 9:45 PM when my son Prameet Singh called me and told me that they have been surrounded by the boys of the locality in the vegetable market Bahaduri Khet, including Sandeep @ Nija, who said that since they stare at them, they attacked them with bricks and stones. They have escaped on their motorbikes to save their lives and they are very scared and will not come home. After about 15 minutes of talking on the phone, at around 10 am, Sandeep Kumar @Nija and his friends, about 30/35 of them, started hitting the gate of my house with swords. when I did not open the gate, they started pelting stones/bricks on my house. Sandeep Kumar @Nija and his friends, who were armed with sickles, swords, axes, daggers, and baseball bats, jumped over the gate of our house and entered my house raising lalkaras. As soon as they entered the house, they attacked me and my family. The attackers included Ripan Sohal, resident of Ajit Nagar, Kaku @Harji, resident of Street No. 5, Arjan Dev Nagar, Suraj @Wadeiya, resident of Street No. 5. Guru Arjan Dev Nagar Ludhi Kamal, Ravi @ Kalu resident of Ram Nagar, Jasan resident of street no. 5 Guru Arjan Dev Nagar, Bhagat resident of Ram Nagar, Harnur resident of Ram Nagar, Hars Virdi resident of Ajit Nagar, Bhola resident of street no. 5 Arjan Dev Nagar, Katta resident of Arjan Dev Nagar, Rahul, Rajes @ Kuki, Doda, Pawan, Sem, Hemat Thakur, Robe Sagar were there. As soon as Sandeep Kumar @ Nija entered the house, he told his friends that today we should not be spared, as my son stares at them, on which doda, Pawan and Som caught hold of me and Ripan Sohal who hit my left hand with the sword and cut off the finger of my hand. Sandeep sandy, who had a khanda in his hand, attacked me with his khanda, which hit my right hand, which cut off my fingers, I cried out, "Marta Marta", My wife came forward to save me. Kaku @ Harji hit me with his sword on my head. My wife came forward to save me on which kaku alias Harji hit my wife's head with the back side of his sword, which injured my wife and caused her to bleed. My wife Kiranjit Kaur kept crying, "Don't kill the oppressor, don't kill the oppressor." When I tried to save my wife Kiranjit Kaur in her injured state, Makaiya again attacked me with his khanda on my head. To save myself, I raised my left hand, which hit my right thumb, which cut off my entire thumb. Kamal armed with a sickle, he attacked me very quickly, my daughter also raised alarm, he attacked me with a hand sickle. I raised my right hand forward, the sickle hit me and my right palm was cut. Bhola, who had the sword in his hand attacked me again, I kept begging, but he did not listen to me, he attacked my right wrist with his sword, which cut a large part of my wrist. I fell on the ground. My daughters Simran Kaur, Arsdeep Kaur, to whom Rahul and rambo Sagar kicked in their stomach, who climbed onto the roof of the house and saved their lives. in my injured condition, Hemat Thakur, armed with sickle Katta armed with sickle, Rajesh Kuki, armed with sickle, hit me with the back of the sickle and sticks, I raised much alarm, but they kept attacking me continuously, Ravi alias Kali, who was armed with baseball, Jashan, Bhagat and Harnoor, who were armed with baseball bats broke the goods in the house. I had lost a lot of blood. While leaving, Suraj Wadeiya struck me on my hand with a sword and while leaving, these assailants threatened to kill me and my family and while destroying the house, they ran away from the spot with their weapons, they also said that the trailer has been shown for now, the film will be shown later. The motive is that about three months ago, they had beaten up my son Prameet Singh and were threatening to teach Prameet Singh lesson again. They have entered my house forecefully, beaten me up and my family, threatened to kill us and destroyed the goods in the house. They have done crime to my family. Action should be taken. Sd/-:-Gurmeet Kalsi (left toe), Date:-31-12-24, Verified by Wife:- Kiranjit Kaur (in English), Attested by: ASI Harbhajan Singh No. 3656/Ludhi, Police Station Division No. 06, Ludhiana. Date:-31.12.2024."

Counsel for the petitioner submits that, as per the allegations, petitioner is alleged to have caused injuries with a sickle; however, no specific injury has been attributed to him, nor there is any allegation as to whom such injury was caused, or on which part of the body.

It is further submitted that all the offences are triable by the Court of learned Magistrate and the injured/complainant, namely Gurmeet Kalsi, has already been examined before the Court below.

Counsel further submits that petitioner is in custody since 22.03.2025, i.e., for a period of about 1 year, 1 month and 23 days, and conclusion of the trial is likely to take considerable time. Thus, counsel prays for grant of regular bail to the petitioner in the present case.

In response to the arguments addressed by learned counsel for the petitioner, learned State counsel, produces the custody certificate dated 19.05.2026 in Court today, which is taken on record. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

As per the custody certificate, in the present case, petitioner has already undergone 01 year 01 month and 23 days period inside jail.

Learned State counsel is unable to dispute any of the factual assertions made by counsel for the petitioner before this Court today. He is also unable to point out from the FIR, any specific injury attributed to the petitioner. However, he prays for dismissal of the present petition.

This Court has heard the submissions addressed by counsel for the parties and has also gone through the record available before it.

In view of totality of circumstances, and the facts/allegations levelled against the petitioner, and the factors noticed here above, including the total incarceration period undergone by the petitioner and stage of trial, this Court deems it appropriate to grant the concession of bail to the petitioner.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law.

Petition stands disposed of.