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HC sets aside order of trial court, directs bail to accused
10 years old killed for ransom
10/10/2014 12:01:46 AM
Early Times Report

Jammu, Oct 9 : In the much publicized case of kidnapping & murder for ransom of 10- year- old Shalin Gupta, State High Court set-aside the order of Trial Court that had denied bail to Gagandeep Singh and Darvinder Pal Singh, the accused. According to the police case that On June 11, 2010 one Naresh Kumar r/o Nai Basti filed a complaint and submitted that his son Shalin aged about 10 years who had gone to Sabzi Mandi Nai Basti on Video Shop had not returned home. ccording to Naresh Kumar the owner of the video shop told him that his son had left the shop at 8:30 PM for home.
At about9:30 PM he received a call on his cell phone. The anonymous caller demanded Rs 5 lacs for his son.
The caller had called from a PCO Bus Stand. On this information the police recorded the statement of the PCO employee, who told the police that about 9:30 PM two Sikh youth came to his PCO and used the phone for six minutes for which he charged Rs 12 from them. He can identify both the Sikh youth who were between the age 18 and 22 years. During search one Mohinder Pal Gupta said that while he was going to the house of his relatives at Nai-Basti, on return at about 12:30 AM, when he passed from the Nai Basti Bazaar, he saw Shalin Gupta along with Darvinder Pal Singh r/o Nai Basti along with one other Sikh Youth who was serving as Sewadar in Gurudwara going on a motorcycle. During investigation the name of Gagandeep Singh of Gole Gujral also came to fore. The accused have confessed their involvement in the kidnapping and murder of Shalin Gupta. Justice Janak Raj Kotwal after hearing Advocate Anmol Sharma appearing for the petitioners whereas Sr. AAG Gagan Basotra appearing for the state, observed that the accused are entitled to benefit under the J&K Juvenile Justice (care and Protection of Children) Act 2013 and are entitled to be released on bail under section 13 of the Act of 103, provided, however, there is no other reason for not releasing them as provided under the same section and set-aside the impugned order to the extent it refuses bail to the petitioners and dismisses the bail application with the direction to trial Court to pass fresh order in the said application in terms of section 13 of the Act of 2013. (JNF)
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