ROHIT @ RAVIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under section 439 of the Code of Criminal Procedure seeking benefit of regular bail to the petitioner pending trial in case FIR No.135 dated 15.5.2014, registered at Police Station Kalanaur, District Rohtak, Haryana under Sections 364 -A, 387, 120 - B of the Indian Penal Code and Section 25 of the Arms Act.

(2.) Briefly noticed, FIR came to be registered on the statement of Adarsh Malhotra, who stated that on 15.5.2014, at about 6.30 a.m., his son Parichay Malhotra, aged 16 years, had left home for going to school in an I20 Car bearing registration No.HR -12 -W -7100. At about 8.00 a.m., effort had been made to contact his son on Mobile No.8607771772, but the same was switched off. Complainant asserted that his son, who was in school uniform, has been abducted by some unknown persons. On such statement, a case was registered under Section 365 of the Indian Penal Code. During investigation, complainant Adarsh Malhotra informed that he had received a telephonic call from an unknown person from the mobile number of his son and a ransom demand of Rs.2 crores for releasing his son had been made and he had been threatened that if such amount is not paid, then his son Parichay would be killed. Based on such information, offence under Section 365 of the Indian Penal Code was deleted and offence under Sections 364 - A/387/120 -B of the Indian Penal Code and Section 25 of the Arms Act was added.

(3.) As per prosecution version, on 20.5.2014 one Indica Car bearing registration No.DL -3CAF -5768 was intercepted and the present petitioner as also Sandeep @ Sonu son of Kartar Singh stated to be the occupants were arrested. On the disclosure made by Sandeep @ Sonu, one Ajay son of Raghubir came to be arrested and an Alto Car bearing registration No.HR -19B -8489 was found from his possession. The custodial interrogation of Ajay son of Raghubir led the police officials to a village in District Baghpat, U.P. and to the house of one Sandeep son of Baljor and pursuant thereto, Sandeep son of Baljor, Ajay @ Fauji son of Rakesh, Rajiv son of Mahipal and Sanjeev @ Jwala son of Raj Bahadur were arrested and from their possession, the kidnapped child Parichay Malhotra was recovered.