AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner through his father under Section 438 Cr.P.C for grant of anticipatory bail in case FIR No. 94 dated 18.11.2020, registered under Sections 326, 148 & 149 IPC, at Police Station Amir Khas, District Fazilka.

(2.) It is contended by the learned counsel for the petitioner that the case against the petitioner is totally concocted and is without any basis. Even as per the allegations of the prosecution, no injury is attributed to the petitioner. The only allegation against the petitioner is that the petitioner was also one of the assailants. It is also submitted that the petitioner is juvenile by age. Although the petitioner had applied for anticipatory bail before the Sessions Court, however, that application has been declined on an assumption that the Sessions Court does not have any power to entertain an application for anticipatory bail filed by a juvenile. But there is no such provision under Section 438 Cr.P.C. which denies a juvenile the right to move an application for seeking anticipatory bail. It is also submitted that there is no other case against the petitioner.

(3.) Notice of motion.