HASAN DEEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Hasan Deen, who is behind the bars since 11.12.2019, has approached this Court in the instant proceedings filed under Section 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.262/19, dated 8.10.2019, under Section 363, 366-­A, 342, 452, 120-­B of IPC, registered at police Station, Sadar, District Chamba, Himachal Pradesh.

(2.) Pursuant to order dated 24.12.2019, SI Gobind Paul has come present alongwith the record. Mr. Arvind Sharma, learned Additional General has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Record/status report made available to this Court reveals that on 8.10.2019, complainant Sultan Mohammad got his statement recorded under Section 154 Cr.P.C., alleging therein that his minor daughter aged 14 years (hereinafter victim/prosecutrix, name withheld to protect her identity), has gone missing from the house of her grand mother. He alleged that on the date of alleged incident, his minor son and victim/prosecutrix were sleeping with their grand mother in one room in a separate house at a distance of 100 meters. In the intervening night of 7 th/8th.10.2019, at about 4:00 AM son of the complainant informed him that some unknown persons entered the house and forcibly took away his sister i.e. victim/prosecutrix. He alleged that his mother namely, Hasan Bibi lateron informed him that at 2:00 AM in the night person namely, Rustam alias Kalu alongwith bail petitioner, who happened to be brother-­in-­law (Jija) of main accused unauthorizedly entered in the room and kidnapped the victim/prosecutrix. In the aforesaid background, FIR as detailed hereinabove, came to be lodged against the present bail petitioner alongwith other co-­accused. Main accused namely, Rustam alias Kalu is absconding, whereas two other accused namely, Yusuf and Roshan stand enlarged on bail. Present bail petitioner alongwith other co-­accused namely, Mohammad Husain and Karam Deen, are behind the bars.