IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-25035 of 2009
Date of decision : October 15, 2009
Mohd. Naseerudin
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. CS Rana, Advocate, for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
L.N. Mittal, J. (Oral)
On oral prayer of learned counsel for the petitioner, offence
under section 120-B IPC is also ordered to be added in the petition.
Mohd. Naseerudin has filed this petition for bail in case FIR
No. 60 dated 24.4.2007 under sections 363, 366 IPC sections 120-B and
366-A IPC added later on, Police Station Raikot District Ludhiana.
I have heard learned counsel for the parties and perused the
case file.
In the FIR lodged by Minakshi, she stated that her daughter
Ruchika aged 16 years was kidnapped on 24.4.2007 by petitioner’s son
Mukhtiar Alam who had been employed by the complainant for stitching
clothes as the complainant was running a boutique. About 8 months after
lodging the FIR i.e. on 14.12.2007, the complainant made supplementary
Criminal Misc. No. M-25035 of 2009 -2-
statement implicating the petitioner by stating that there was also hand of
the petitioner in kidnapping of complainant’s daughter by petitioner’s son.
Statement of one Anil Kumar was recorded on 4.8.2008 i.e. more than 15
months after lodging of the FIR. Anil Kumar stated that on 24.4.2007 he
had seen the petitioner and his two sons including Mukhtiar Alam going in
a bus along with Ruchika. There is said to be no other evidence against
the petitioner. The petitioner is in custody since 2.1.2008 i.e. for more than
one year and 9 months. Petitioner’s son Mukhtiar Alam and complainant’s
daughter have not yet been traced.
In view of the aforesaid but without commenting anything on
merits, the instant bail petition is allowed. Bail to the satisfaction of
learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana.
( L.N. Mittal )
October 15, 2009 Judge
'dalbir'