JUGNU SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. M.Cr.C. Nos. 462/2005, 807/2005 and 604/2005 are being decided by this common order as three applications under section 439 of Cr.P.C. for grant of bail have been filed which are arising out of the same Crime No. 439/2004 registered in Police Station Kurudh, Dhamtari for the offences punishable under sections 364-A, 365-A, 511 read with sections 34 and 120-B of I.P.C. and section 25 of the Arms Act.

(2.) The case of the prosecution is that on 23.11.2004 an attempt was made by some unidentified persons to kidnap the minor boy namely Kanha @ Ayush aged about 10 years who was studying in St. Mary School, Kurudh. It is alleged that a person claiming himself to be a servant of the complainant namely Bal Krishna Agrawal came to the school of the minor and informed that his father has sent him to bring the child namely Suyash whereupon the child was called. However, he said that he shall be going soon after his school hours.

(3.) After the school hours, the servant of the minor reached the school to take him home. At that time also the same person was standing there in a white Maruti Van No. CG-4-ZD-6184 whereupon the Principal of the school enquired from the father whether he had sent some one in the afternoon to take the minor home and on his refusal the minor was sent to his home alongwith the teacher of the school. This matter was reported by the complainant namely Bal Krishna Agrawal in the police station which was recorded in the daily diary. However, no investigation was conducted on that day. It was further case of the prosecution that on 25.11.2004 five number of persons were standing before the house of the complainant in an Indica car and they were trying to wipe the number plate of the said vehicle. On information being sent to the police station they were apprehended by the police on the spot and on the basis of which the investigation conducted, and subsequently the accused persons who were seven in numbers were arrested by the police for the aforesaid offences.