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Anticipatory Bail Petition Under IPC 308

This document is a petition filed in the High Court of Punjab and Haryana seeking anticipatory bail. The petitioner, Balbir Singh, alleges he has been falsely implicated in an FIR filed by the complainant, Jasbir Singh, under sections 308, 323, 325, 148, 149, 452 of the IPC. The petitioner claims he is a 70-year old senior citizen suffering from mental ailments. He further claims the complainant filed the FIR for revenge because the petitioner had objected to late night parties at the complainant's house that were disturbing other neighbors. The petitioner's earlier bail application was dismissed by the District Court. He is seeking anticipatory bail from the High Court.

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LAKHVEER SINGH
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254 views2 pages

Anticipatory Bail Petition Under IPC 308

This document is a petition filed in the High Court of Punjab and Haryana seeking anticipatory bail. The petitioner, Balbir Singh, alleges he has been falsely implicated in an FIR filed by the complainant, Jasbir Singh, under sections 308, 323, 325, 148, 149, 452 of the IPC. The petitioner claims he is a 70-year old senior citizen suffering from mental ailments. He further claims the complainant filed the FIR for revenge because the petitioner had objected to late night parties at the complainant's house that were disturbing other neighbors. The petitioner's earlier bail application was dismissed by the District Court. He is seeking anticipatory bail from the High Court.

Uploaded by

LAKHVEER SINGH
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IN THE HIGH COURT OF JUDICATURE FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM-M-NO…OF 2019

BALBIR SINGH S/O HARPREET SINGH R/O 231,SECTOR 43, KHARAD

…..PETITIONER/APPLICANT

VERSUS

[Link] OF PUNJAB

[Link] SINGH S/O AMAREEK SINGH R/O 456,SECTOR 26,KHARAD.

[Link],POLICE STATION,KHARAD DISTRICT S.A.S NAGAR ….RESPONDENT

CRIMINAL MISC. PETITION UNDER SECTION 438 OF CRPC FOR GRANT OF


ANTICIPATORY BAILTO THE PETITIONER IN FIR NO.127 DATED 20.12.2018 UNDER
SECTION 308 IPC , 323,325,148, 149, 452 IPC.

AND

IT IS FURTHER PRAYED THAT THE ARREST OF THE PETITIONER MAY KINDLY BE


STAYED DURING THE PENDENCY OF THE PRESENT PETITION.

RESPECTFULLY SHOWETH:

[Link] the petitioners law abiding citizen of India and permanent resident of [Link] [Link]
petitioner is senior citizen aged 70 years and suffering from various mental ailments. The
petitioner has been falsely implicated in above mentioned FIR.A copy of FIR dated 20.12.2018
has been annexed herewith as annexure P1.

[Link] a bare perusal of the contents of the FIR would reveal that the complainant as contented
that on 15.12.2018, the petitioner along with the persons came to his house and started hitting the
complainant. As per the version of the complainant ,the only allegation leveled against the
petitioner is that he was empty handed and started shouting that the complainant should be taught
a lesson for parking the car in front of gate of house of accused/petitioner.
[Link] it is pertinent to mention that the petitioner has been falsely implicated in the present FIR
as fact of parking of the car in front of the gate of the accused/petitioner does not stand on valid
ground because the complainant has enough space in his house to accommodate two cars.

[Link] two days before the incident as mentioned in FIR, the petitioner has the quarrel with the
cousin of the complainant. The cousin of the complainant shares the same house with the
complainant. All the issue of holding late night parties at the first floor of the complainant’s
house.

[Link] the other members of locality also objected to such parties as it will have bad influence on
children leaving nearby.

6That in order to teach the lesson to the petitioner , the complainant filed an FIR falsely
concocting a story to rope in the innocent Hon’ble member of the society.

[Link] the petitioner filed a bail application in the court of [Link] Judge, SAS Nagar and the
same was dismissed vide order dated 05.01.2019 and the copy of the same has been annexed
thereto as Annexure P2.

[Link] the [Link] District Judge fails to consider the material aspect that the purpose of
the complainant for lodging FIR was due to the objection raised by the complainant against
holding late night parties at complainant’s house. The [Link] even fails to considers that the
petitioner was empty handed as mentioned in FIR when according to complainant the incident
date 15.12.2018 was occurred/took place.

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