1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 992 of 2011. Date of decision: 05.12.2011. Nek Ram Bhardwaj. ......Petitioner. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioner : Kr.Virender Singh, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr.J.S.Rana,Asstt. A.G. Kuldip Singh , Judge( Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 255/2011 dated 23.11.2011 registered at Police Station, Sarkaghat, District Mandi, under Sections 363,366, 120-B IPC. 2. It has been stated in the application that petitioner has been falsely implicated in FIR No.255 of 2011. The petitioner is innocent. The petitioner has come to know about the case from newspaper that a complaint has been made to the police that son of petitioner named Sunny has kidnapped the girl along with petitioner in connivance with petitioner and his wife Bitto Devi. It has been stated that Sunny is son of Mohan Bahadur and not son of the petitioner. Sunny had been working as servant in the house of the petitioner since long. Sunny had left the services of the petitioner without informing the petitioner or any 1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes 2 member of his family. The wife of the petitioner has already lodged a missing report of Sunny on 20.11.2011 at Police Station, Sehaspur, District Dehradoon, Uttrakhand. Smt. Bitto Devi is the daughter-in-law of the petitioner. The petitioner is apprehending his arrest on account of registration of the case. It has been stated that no recovery is to be made from the petitioner, who is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail. 3. The bail application has been opposed by learned Additional Advocate General. It has been stated that in fact there are five accused namely Nek Ram, Pushpa Devi wife of Nek Ram, Pawan Kumar, Bitto Devi wife of Bhawani Dutt, Sunil Kumar alias Sunny. The case has been registered on the statement of Ramesh Chand under Section 154 Cr.P.C. He has stated that date of birth of his daughter is dated 14.05.1995 and since 20.11.2011 morning she is not traceable. Mamta friend of his daughter told him that when the school was over, one Bitto Devi called the daughter of the complainant. Mamta and daughter of the complainant went to the house of Bitto where Pawan Kumar, Nek Ram, wife of Nek Ram and Sunny adopted son of Nek Ram were present. Mamta was asked to sit outside and the daughter of the complainant was taken inside the room. When the daughter of the complainant came outside the room,she was showing signs of fear. The complainant has stated that Bitto Devi, Pawan Kumar, Nek Ram, wife of Nek Ram, in conspiracy with each other in order to marry the daughter of the complainant with Sunny have kidnapped her. On 21.11.2011, Nek Ram told him on telephone that his daughter was with 3 him and in case the complainant would make some hue and cry, then he could create any type of trouble for him. Nek Ram resides in Dehradoon along with his family. 4. The learned counsel for the petitioner has stated that Sunny son of Mohan Bahadur had worked as servant in the house of petitioner and had been missing since 20.11.2011, a report to this effect has been made at Police Station Sehaspur on 23.11.2011. According to complainant, his daughter is missing since 20.11.2011. It has been stated in the FIR No. 255 dated 23.11.2011 that on 19.11.2011 daughter of the complainant was with Bitto, Pawan Kumar, Nek Ram, wife of Nek Ram, Sunny, as stated by Mamta, friend of daughter of complainant. In the FIR, Sunny has been stated to be adopted son of petitioner and there is allegation that petitioner etc. wanted to marry daughter of complainant with Sunny. 5. Mamta in her statement under Section 161 Cr.P.C has stated that on 19.11.2011 daughter of complainant, Bitto, Santoshi, Sunil alias Sunny, one more woman, Pawan Kumar, Nek Ram were present. She was asked to sit outside. The daughter of the complainant was taken inside the room, who came out after 15-20 minutes. She noticed that daughter of complainant was under some fear. Thereafter, both of them went to school. After the school was over, they again called daughter of complainant, but sent the daughter of the complainant after 5-7 minutes. She was quite sad and under fear. 6. The date of birth of the daughter of the complainant according to the Investigating Agency is 14.05.1995. The daughter of the complainant is missing since 20.11.2011. It has been stated on behalf 4 of the respondent that Pushpa Devi wife of petitioner has absconded. But, learned counsel for the petitioner has stated that Pushpa Devi is very much at her village Baluwala, Tehsil Vikaspur, District Dehradoon. The petitioner himself is working at Shimla as per his affidavit filed with the petition. The petitioner has stated that Sunny, his servant,had been missing since 20.11.2011 from the house of the petitioner and report to this effect has already been made at Police Station,Sehaspur. No authenticated material has been placed on record to show that Sunny is the adopted son of petitioner. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 7. Accordingly, application is allowed and in the event of arrest of petitioner in FIR No. 255/2011 dated 23.11.2011 registered at Police Station,Sarkaghat, District Mandi, under Sections 363,366, 120-B IPC, the petitioner be released on bail on his furnishing personal bond in the sum of `25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that petitioner shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. 8. The observations made in the judgment are for the disposal of the bail application and shall not be construed as expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. December 5,2011. (Krt)