High CourtsSingle Bench(2010) 11 SHI CK 0217

Tek Singh vs State of H.P.

High Court Of Himachal Pradesh · Decided on 22 November 2010

HON’BLE JUDGES
Surjit Singh, J
RESULT
Dismissed
CASE NUMBER
Criminal MPM No. 1246 of 2010

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Judgment

4 paragraphs · 280 words

Surjit Singh, J. 1. Heard and gone through the record.

2.

A minor girl, aged 141/2 years, was kidnapped, on 10th July, 2010, by two men, named Manish Goel and Kartik. They carried her towards Kullu in an ALTO Car. On the way, at a place called Thalout, a Maruti Van, being driven by the present Petitioner, was parked. ALTO Car, in which the girl was being carried by Manish Goel and Kartik, stopped at the site where the aforesaid Van was parked. In that Van three persons, namely Gopal, Jiwan Sharma and Anil Kumar, were sitting. Girl was transferred to Gopal and Jiwan Sharma, by Manish Goel and Kartik. Then the Van, which was being driven by the present Petitioner, proceeded towards Manali. On the way, Gopal and Jiwan Sharma had been touching the private parts of the minor girl and alluring her to share bed with one of them, namely Gopal. Maruti Van, being driven by the Petitioner, was intercepted by the police at a place called Dogi Nullah, near Manali, and girl was recovered.

3.

All the persons involved in the case, including the present Petitioner, have been arrested. Petitioner has been in custody since 11th July, 2010. Though no specific role has been attributed to the present Petitioner, the fact remains that he was the owner-cum-driver of the Maruti Van, which is registered as a private vehicle. He facilitated commission of the crime of kidnapping, punishable under Sections 363 and 366A of the Indian Penal Code, by Gopal and Jiwan Sharma. Therefore, his liability is similar to that of Gopal and Jiwan Sharma. Hence, his petition for grant of bail is dismissed.

Petition stands disposed of.