VICKY Vs. STATE OF U. T., CHANDIGARH

JUDGEMENT

(1.) By this common order, this court shall dispose of above captioned two petitions i.e. CRM-M-21388 of 2020 titled as Vicky vs. State of U.T., Chandigarh and CRM-M-21392 of 2020 titled as Nitesh vs. State of U.T., Chandigarh as the questions of law in both the cases are similar.

(2.) Both the petitions have been filed under Section 439 Cr.P.C. for grant of regular bail during the pendency of trial in FIR No.36 dated 18.02.2019, under Sections 147, 148, 149, 302, 34 of Indian Penal Code, registered at Police Station Mauli Jagran, Chandigarh.

(3.) For the sake of brevity, facts are being taken from CRM-M21388 of 2020. The aforesaid FIR came to be registered on the statement of Amit s/o Viney Pandey to the effect that while he was standing on the roof of his house, 4-5 persons were fighting. He was able to see that said persons were holding some shining weapon in their hands. Thereafter, noise of "bachao bachao" started coming and he dialled 100 number. The PCR van came and he too reached at the spot, where he noticed that one person was lying in injured condition and was taken to the hospital by the PCR van. It was stated that the man had been injured with the intention of killing him and he could identify them, if they were brought forward. The matter was investigated and ultimately, the petitioners namely Vicky and Nitesh were nominated as accused. On due interrogation, Vicky gave a statement and from his hut, a blood stained kulhari and clothes were duly recovered. The petitioners were sent to the Juvenile Home and thereafter, the Juvenile Justice Board formed an opinion by its order dated 11.03.2019 that Vicky was to be tried as an adult in the Children's Court for the death of one Laxman. He thereafter preferred an application for regular bail under Section 439 Cr.P.C., which was dismissed by the Addl. Sessions Judge, Chandigarh vide its order dated 30.05.2020 and while dismissing the said application, it was noted that his first bail application was dismissed by an order dated 12.06.2019.