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Judgment
Present petition has been filed under Section 482 of BNSS seeking anticipatory bail in case FIR No. 230 dated 28.06.2026, under Sections 115, 118(1), 110, 190, 191(3), 351(3) of BNS (Sections 323, 324, 308, 149, 148, 506 IPC), registered at Police Station Kunjpura, District Karnal.
FIR in the present case was got registered at the instance of the injured/complainants, namely Sunil and Shiva, reads as under:
“ That on 27.06.2026, at about 11:15 pm, I was present in front of HDFC Bank in Kunjpura with my friend Shiva (son of Sh. Jagpal resident of VPO Mustafabad). At the same time, as per pre-planned conspiracy, the following accused came armed with lethal weapons (sharp edged weapons and sticks) and surrounded us with the intention of killing us: 1. Sachin son of Sh. Ashok, resident Mohiudinpur, mobile no. 7082816442, 2. Mohit son of Sh. Ram Kumar, resident Mohiudinpur, Mobile no. 7082777186, 3.Amit alias Chotu son ofSh. Joginder, resident of Mohiudinpur, Mobile no. 9050890134, 4. Nitin Saini, resident of Nagla Megha Mobile no. 9306331990, 5. Two other unknown persons. Details of the incident and injuries: As soon as all the above accused arrived, they started abusing and started indiscriminate attack while threatening to kill. The applicant (Sunil) was attacked with a sharp edged weapon, due to which my left hand ring finger was amputated and started bleeding profusely. Apart from this, 4 deep wounds (incised wounds) were given on my forehead and posterior parietal area with sharp edged weapon, which was completely life threatening. (MR No.: PS/KUNJ/151/2026) When my friend Shiva came to rescue me, the accused attacked him badly on his back with sticks (blunt weapon), due to which there are big serious blue marks (Reddish Bruises 15.2 CM, 20-2 CM) and scratches on his back and there is a serious internal injury on the head. MLR No.: PS/KUNJ/152/2026). Seeing the serious condition of both of us, we were immediately admitted to the emergency ward of CHC, Kunjpura where our medical examination (MLR) was done by Dr. Pulkit Sharma. Due to amputation of finger of applicant and serious head injuries, was referred to Government Hospital (GH Karnal) for further treatment and X-ray (X-ray Surgeon/Ortho opinion). Therefore, it is requested to you that keeping in view of the sensitivity of the matter and the serious injuries (Amputation Incised Wounds) mentioned in the medical report (MLR), an FIR should be immediately registered against the above four named accused and their two unknown accomplices under relevant serious sections of The Bharatiya Nyaya Sanhita (BNS) (such as attempt to murder, causing grievous hurt, use of illegal weapon and common intention) and they should be arrested. Enclosures: 1. MLR copy of applicant Sunil (No.: PS/KUNJ/151/2026). 2. MR copy of injured Shiva (No.: PS/KUNJ/152/2026). Dated 28.06.2026. Sd/- Sunil, Shiva, Applicants Sunil So Om Parkash, Mohiudinpur 9996926735 and Shiva S/o Jagpal Mustafabad, 972997”
Mr. Kapil Aggarwal, learned counsel for the petitioner, contends that no specific injury has been attributed to the petitioner. He submits that the allegations are omnibus in nature against the accused, namely, (i) Sachin, (ii) Mohit, (iii) Amit @ Chotu, (iv) Nitin Saini, and two other unknown persons. Except for the general allegation that the accused assaulted the complainant with sharp-edged weapons, no specific role or overt act has been assigned to the petitioner. It is, therefore, argued that it cannot be presumed that the petitioner was responsible for causing the injuries sustained by the injured.
Learned counsel for the petitioner further submits that prior to the present occurrence, there had been another incident on 02.05.2026 in which the petitioner had sustained injuries at the hands of the complainant party. It is also argued that on 24.06.2026, co-accused Mohit was allegedly attacked by the complainant party; however, despite the submission of a complaint, no action was taken by the police.
The aforesaid contention, even if accepted, does not advance the case of the petitioner. Rather, it prima facie lends support to the prosecution case by indicating the existence of prior animosity between the parties, thereby furnishing a possible motive for the occurrence. If the petitioner or the co-accused had any grievance arising out of the earlier incidents, the appropriate course was to avail the remedies available under law and not to take the law into their own hands.
I have considered the submissions made by learned counsel for the petitioner and have perused the record as well as the impugned order.
Occurrence is alleged to have taken place at about 11:15 p.m. on 05.06.2026. As per the prosecution case, both the injured were present in front of HDFC Bank, Kunjpura, when the named accused, along with two unknown persons, reached the spot armed with sharp-edged weapons and assaulted them. Complainant sustained four injuries on the head, including injuries caused by sharp-edged weapons. Besides this, the ring finger of his left hand was amputated during the assault. Having regard to the nature of the allegations, the gravity of the injuries suffered by the complainant, and the manner in which the offence is alleged to have been committed, this Court does not find any ground to extend the extraordinary relief of anticipatory bail to the petitioner. Present petition is hereby dismissed.