AGYAPAL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.) for grant of anticipatory bail in FIR No.41 dated 26.1.2010 registered under Sections 307/34 of the Indian Penal Code (for short 'IPC ') at Police Station Civil Lines Amritsar. The contents of the FIR (Annexure P1) reads as under:-

(2.) Learned counsel for the petitioner has submitted that the petitioner is a young boy and a student of law. Petitioner is not named in the FIR and has been falsely roped in this case due to rivalry between the two families. Petitioner is ready to join the investigation.

(3.) Learned State counsel, on the other hand, has opposed the petition and submitted that despite efforts by the Investigating Agency, the petitioner could not be arrested. On 26.1.2010 statement of Savita Sekhri, mother of the injured, was recorded and she had categorically named the petitioner. During investigation, it transpired that the petitioner was armed with a datar at the time of the alleged occurrence and had inflicted injury on the head of injured -Amit Sekhri. The said injury attracts the provisions of Section 307 IPC. The said injury was declared grievous by the doctor.