Nirbhay Singh Through His Mother v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-34431 of 2015 Date of decision: November 02, 2015 Nirbhay Singh through his mother

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.D.S.Pheruman, Advocate for the petitioner.

Ms.Simsi Dhir Malhotra, Deputy Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition through his mother under Section 438 Cr.P.C. for grant of anticipatory bail in cross version case vide DDR No.9 dated 06.09.2015 under Sections 323, 325, 326, 506 and 34 IPC in FIR No.55 dated 04.09.2015 under sections 323, 326, 452, 506, 148 and 149 IPC, registered at Police Station Khalchian, District Amritsar.

Notice of motion was issued and learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, firstly I find that it is a version and crossVINEET GULATI 2015.11.03 16:43 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-34431 of 2015 -2version case. Secondly, learned counsel for the petitioner has placed on record the copy of the birth certificate of the petitioner showing that he is a juvenile.

Keeping in view the facts and circumstances of the present case, especially the fact that it is a case of version and cross-version and it is yet to be determined as to who is the aggressor party and in view of the fact that petitioner is juvenile and joined investigation, I find it a fit case where the petitioner is entitled to benefit of anticipatory bail. Therefore, the present petition is allowed. The orders dated 20.10.2015 and 21.10.2015 granting interim bail to the petitioner are made absolute.

November 02, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.11.03 16:43 I attest to the accuracy and authenticity of this document Chandigarh