NAVIN KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Navin Kumar and Kamal petitioners, by way of above mentioned two petitions, have sought pre-arrest bail in a case registered by way of FIR No.79 dated 22.04.2011 at Police Station Kosli, District Rewari, for an offence punishable under sections 365 and 506 IPC to which sections 364-A, 387, 342 and 323 read with section 34 of the Indian Penal Code were added lateron.

(2.) The case got registered by Karambir Singh on 22.04.2011 was of kidnapping of his son Vijay Kumar, aged 30 years. He claimed that his son Vijay Kumar went to village Lukhi from village Surkhpur on 18.04.2011 and though he started back for village Kosli at 12.00 am, yet he did not return home. He also alleged that no call was possible on his phone because his phone did not work. He has alleged that on 20.04.2011 he received a call from his son's mobile No.09311091807 on his phone that his son Vijay Kumar was kidnapped and a sum of Rs.10,00,000/- as ransom was demanded. The phone call was repeated thereafter from mobile phone no. 09991203632 and the caller introduced himself as Rahul, calling from Jaipur and the demand of ransom was repeated. During investigation 364- A, 387, 342 and 323 read with section 34 of the Indian Penal Code were added to the case.

(3.) Learned counsel for the petitioners have submitted that on the very next day of the alleged kidnapping of Vijay Kumar, FIR was lodged at Jaipur. Vijay Kumar was arrested by the Jaipur police. According to them, Vijay Kumar was involved in a metro scam. When asked to explain the metro scam, they have submitted that Vijay Kumar collected huge amounts from various persons on the promise of getting them jobs in Delhi Metro Railway Corporation Ltd. They have further submitted that when the promise of getting jobs could not materialize and he did not return the amounts taken by him from them, complaint was lodged in the court at Jaipur and that the same was sent to Police Station Shipra Path, Jaipur City for investigation under section 156 (3) of the Code of Criminal Procedure. They have further submitted that on the very next day, Vijay Kumar was arrested there. According to them, the kidnapping is alleged to be of 18.04.2011 and that the FIR was lodged by Karambir Singh on 22.04.2011. According to them, there is no explanation for the delay in lodging the FIR. It is further submitted by them that Navin Kumar is not even involved in the metro scam and he is only named by his co-accused. My attention is lastly attracted to Annexure P-3, the affidavit of Vijay Kumar at page 17 of Criminal Miscellaneous No.M- 30675 of 2011 where he has admitted that he received money from various persons namely Surinder Yadav, Rahul Yadav, Lakhan Kumar etc. on the promise of getting jobs for them with Delhi Metro Railway Corporation Ltd. and that he had collected this money because he required the same and that he could not get jobs for them and even failed to return the money to them. They have further submitted that this affidavit makes the things very clear. According to them, it shows that the FIR of kidnapping has been lodged only to avoid payment of the money, which Vijay Kumar received from various persons on the false promise of getting them jobs.