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Judgment
Amol Rattan Singh, J
Learned counsel for the petitioner submits that the co-accused of the petitioner (Bachan Lal) has been admitted to be interim bail by this Court vide an order dated 29.10.2019 passed in CRM-M-43020-2019.
Even though Mr. Jammu also submits that there being no intention to hurt the child, an offence under Section 307 of the IPC is not made out, however, the allegation levelled against the petitioner is that he pelted a stone which hit an 11 year old child, and learned State counsel has submitted on instructions from SI Jaspal Singh, and after perusing the police file, that it resulted in a fracture on the skull of the child.
Hence, even if the contention of Mr. Jammu is accepted, the very fact that there were children in the area and the petitioner threw stones/bricks which actually injured the child as above, in my opinion he is not entitled to concession of anticipatory bail.
Therefore, I do not consider it to be an appropriate case for the petitioner to be admitted to anticipatory bail. Consequently, without making any comment on the merits of case, the petition is dismissed.
