CRM No.M-32916 of 2010 (O&M) ****** Ashish Arya Vs. State of Haryana Present : Mr. Anshumaan Dalal, Advocate the petitioner. Mr. S.K. Hooda, Addl. A. G., Haryana. ******* AJAY TEWARI, J (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in F.I.R. No.782 dated 28.10.2010 registered under Sections 323, 324, 506, 427, 148, 149, 452 IPC at Police Station City Rohtak, District Rohtak. The ground taken is that as per matriculation certificate and birth certificate (Annexures P-2 and P-3 respectively) the petitioner was juvenile on the date of the occurrence. It has also been argued that some of the co-accused have been granted anticipatory bail. It is further argued that petitioner has joined investigation after the grant of interim relief by this Court. Learned Additional Advocate General, Haryana has however argued that petitioner is the main accused. He has denied the allegation that the case has been falsely foisted on the petitioner. He has further argued that there are some persons who have not yet been arrested and the petitioner has not given the names of his accomplices to the Investigating Officer. He has further argued that the question of age of the petitioner has yet to be decided. He has thus prayed for rejection of the prayer of learned Counsel for the petitioner. CRM No.M-32916 of 2010 (O&M) -2- In my opinion, the crucial fact is whether the petitioner is a juvenile on the date of occurrence. No doubt, this matter cannot be conclusively decided by this Court yet prima facie view can be taken based on the facts given in Annexures P-2 and P-3 that petitioner seems to be juvenile. The petition is accordingly allowed and the petitioner is granted the concession of anticipatory bail to the satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. ( AJAY TEWARI ) January 05, 2011. JUDGE ashish