SHASHI KUMAR GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pardeep Kumar Gupta is the complainant. His two children Anurag and Sachin were missing. A report was made by him about his missing children. Petitioner Shashi Kumar Gupta is the brother of Pardeep Kumar Gupta. Initially a case was registered with respect to offence punishable under Section 364/386/511 Indian Penal Code. A Bench of this Court on 24.4.1992 has directed the investigation of the case by the Central Bureau of Investigation, Chandigarh. The petitioner was arrested and subsequently admitted to bail on 23.9.1992.

(2.) The Central Bureau of Investigation preferred a petition for cancellation of the bail, while the petitioner prayed for anticipatory bail because it was pointed out that Section 302 Indian Penal Code has also been added. Both the applications were dismissed by the Sessions Judge. However, in this Court in Cr1. Misc. No. 8029-M of 1994 on 26.8.1994 the prayer of the C.B.I. was allowed. The bail of the petitioner was cancelled. He is presently in custody.

(3.) Petitioner seeks bail primarily on the ground that no material has been collected against the petitioner. The evidence so collected is not reliable and in any case in the report submitted under Section 173 Code of Criminal Procedure, Section 302, I.P.C. has been deleted.