(1.) THE petitioner has preferred this petition under Section 439 of the Code of Criminal Procedure for directions to be released on bail. He is accused in offences under Sections 363, 366A and 120B of the Indian Penal Code.
(2.) THE allegation against the petitioner is that he has not disclosed the whereabouts of his son as also the prosecutrix who is a minor and purportedly kidnapped by his son. The First Information Report was lodged on 16th April, 2010 in Police Station, Nurpur, District Kangra. Petitioner is now in judicial custody. The learned Sessions Judge has rejected the application on the ground that the allegations against the petitioner are that he had participated in a conspiracy with his son Samuel to kidnap the minor prosecutrix from the lawful guardianship of her parents. Since Samuel and the prosecutrix cannot be traced, it will not be in the interest of justice to release the petitioner as he knows about the whereabouts of the prosecutrix as alleged by the police. The court concludes:
(3.) IN these circumstances, this application is allowed. The petitioner is directed to be released on bail subject to the following conditions: