DURGALAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) A case under sections 363 and 384 Penal Code was registered against the two petitioners and one Arvind Jain. The First Information Report of the case was lodged at the police station Kotwali, Kota. A complaint in the case was made by Phool Chand father of Rachna who is said to be about 15 years of age, alleging that on 6.9.1985, Rachna did not return home from school and when she was searched all over, she was not found. At about 8.30 they contacted the petitioner Durgalal and then Durgalal as well as Brijraj son of Phool Chand together searched Rachna but she was not found. Durgalal suggested that she should be at Ksheer Sagar hotel, Jaipur. Phool Chand told him to accompany him to Jaipur but Durgalal refused to go. Brijraj lodged a report at the police station Vidhayakpuri, Jaipur, that his sister Rachna was kidnapped by the petitioner Prakash and he suggested that they were staying at hotel Ksheer Sagar, Jaipur and the police started their proceedings at once. However, Rachna was not found and Brijraj returned to Kota During this time Durgalal kept on talking to Phool Chand on the telephone that he should marry Rachna with Prakash and also demanded a sum of Rs. 5 lacs, failing which Rachna could even be murdered. This report was lodged by Phool Chand on 8th September, 1985.

(2.) Durgalal moved an application under Sec. 438 Cr. P.C. for anticipatory bail, before the Sessions Judge, Kota, which was dismissed on 17th Sept., 1985. The third accused in this case namely Arvind Kumar was released on bail. The petitioner Prakash moved an application for anticipatory bail before the learned Sessions Judge, Jaipur City, and his application was rejected on 20th Sept., 1985.

(3.) Both the petitioners moved this Court under Sec. 438 Cr. P.C. by separate applications and on 4th Oct., 1985, the following order was passed:-