YADWINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition filed under Section 438 Cr.P.C., 1973 the petitioners seek the concession of anticipatory bail in FIR No. 59, dated 08.07.2015, registered under Sections 354-A and 34 IPC, at Police Station Amargarh, District Sangrur, in which Section 354-D IPC and section 12 of the Protection of Children from Sexual Offences Act, 2012 had been added later-on.

(2.) On 14.07.2017, while issuing notice of motion, this Court had directed that in the event of arrest, the petitioners shall be released on interim bail subject to their furnishing personal bonds and surety to the satisfaction of the Arresting/Investigating Officer. The petitioners were further directed to join investigation as and when called upon to do so as also to abide by the conditions as provided under Section 438(2) Cr.P.C., 1973.

(3.) Seeking anticipatory bail for the petitioners, learned counsel submits that the petitioners, who are 20 years and 19 years of age, have been falsely implicated in the case; they are not involved in any other criminal case; no recovery is to be effected from them and that the FIR in question was lodged on 08.07.2015 under Sections 354-A and 34 IPC which offences were bailable and the petitioners have never misused the concession of bail till section 12 of the Protection of Children from Sexual Offences Act, 2012 was added. It is further submitted that under the interim order of this Court the petitioners have not only joined investigation but they have fully cooperated with the investigating agency.