KAUSHAL PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who was unsuccessful in getting himself released on bail in the Court of Sessions Judge, has filed this bail application. He was arrested in connection with F.I.R. No.32 dated 16.2.1996 of the Police Station Panchkula for the offence under Sections 363/366/342/354/392/506/34 of the Indian Penal Code.

(2.) I have heard learned Advocate for the petitioner and learned Advocate for State of Haryana. The petitioner has stated in his petition that according to F.I.R. Bharti Gupta, who is said to have been kidnapped or abducted had gone to college at 8.45 A.M. and while returning, she boarded the bus from Majri Chowk at 2.30 P.M. She reached bus stand Sector 10 at 2.45 P.M. At that time, some scoundrels abducted Bharti Gupta in a car. One of the boys was Babu. The complainant who is the father of Bharti Gupta has given the description of the boy and his address. He has also given Car No. CH-01-D-1197. He has requested that his daughter has been abducted and her life be protected. The above news was conveyed to him by his son on phone and therefore, he had taken Maruti vehicle of the Company for lodging the complaint.

(3.) The statement of Bharti Gupta is quoted in paragraph 2 of the petition. It is recorded on the same date. She has stated that on 16.2.1996, she went to the college and while returning, she boarded the bus and alighted at bus stand Sector 5. She started on foot from there and when she reached near a showroom in Sector 10, a Maruti bearing above numbers was found already parked there. One boy came out of the car, he was Babu. He is also known as Yash Pal. He caught hold of her both arms and snatched her bag. He forcibly put her in the Maruti car. Another boy was sitting on the seat of the car whose name was Pritpal Singh "who was naming as Canada". He also gagged her mouth. The car was driven towards Sector 11/12 and then taken to a house on which Surti Clinic was written. She was confined in a room and her mouth was gagged by Babu. One boy came there and after some time two boys also came there alongwith Pritpal in that room. One of the boy was Ajay Bhandari and the name of the other boy was Timmy. She did not know the name of one boy. All the boys were discussing something and Babu told her that he wanted to marry her and that they would go to 'Mandir'. On her refusal, she was given 2/3 slaps and he told her that he would take her photograph, and blackmail her. He took her photographs and forcibly kissed her. She suddenly got up and pushed the boy, unbolted the door and came out of the room. She made a noise on which those boys took the vehicle and went away.