GAUTAM JAIN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this petition filed under Section 439 of Code of Criminal Procedure, 1973 the petitioner seeks bail in a case registered vide FIR No. 383/13 under Section 302 IPC at Police Station Burari, Delhi.

(2.) The petitioner is charged with the offence punishable under Section 302 of IPC and is aggrieved by the order dated 5 th October 2015, passed by the learned Additional Sessions Judge, Central, Delhi, vide which the bail application filed by the petitioner has been rejected.

(3.) The case of the prosecution is that one Mr. Kishan Lal (complainant herein) made a statement that on 21.09.2013, his 13 years old son Jatin Dhingra went from the house at 11.30 AM for taking a copy from his one friend but he did not return home. Despite extensive search his son could not be traced out. The complainant in his complaint raised suspicion that someone lured Jatin Dhingra and took him away and the legal action should be taken against him. Accordingly, a case under Section 363 of IPC was registered and investigation started. Later, the mother of Jatin Dhingra informed that a ransom call for Rs.10 lac has been received on her mobile number (9718703685) from mobile No.8744806631 and also that the caller said that otherwise, he will kill her son. Thereafter, case under Section 364A of Indian Penal Code was also added. During investigation, it was revealed that said number belongs to one Manoj Kumar but it could not be traced as to who has made the ransom call from the said mobile number.