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CJM grants interim bail to kidnapping accused
9/14/2006 9:55:18 PM

Jammu, Sep 14 : Three persons arrested by Jammu police for alleged aiding and abetting kidnapping of a minor girl were accorded interim bail by the court of Chief Judicial Magistrate Jammu, here today.
Disposing off three bail applications moved by Rakesh Kumar, Munish Sharma, Rahul Verma and Kamal Kapoor, the court observed that the documents placed on the record by the accused and the circumstances were going to provide a good defence against the charge of kidnapping to the accused. Even otherwise, the accused applicants are in custody of the police for the last 4-5 days and whatever inquiries were to be made from the accused the police has got sufficient opportunity to conduct the same, it observed further.
It was held that the accused have made a strong prima facia case in their favour as such they were admitted to interim bail till the next date of hearing
As per the prosecution case on 6.9.2006 complainant Sahim Manhas lodged a report with police alleging therein that his sister Sakshi Manhas is missing from home since 2.9.2006 regarding which a report had already been lodged with the police. It was further alleged that now it has been revealed that the girl in question has been kidnapped by one Sumit Goundi alias Kalu in conspiracy with other accused namely Rahul Verma, Amit Sharma and Munish Sharma.
On the basis of this report the police registered the FIR for offence under Section 366/109 RPC and started investigation of the case. During investigation of the case accused Munish Sharma and Rahul Verma were arrested on 10.09.2006 whereas accused Kamal Kapoor was arrested on 11.9.2006.
Regarding accused Rakesh Kumar there was nothing in the police report, filed before the police, suggesting his arrest in the case.
After hearing both the sides and going through the police report, the court held that counsel for the accused Rakesh Kumar has submitted that he does not want to press the application for grant of bail to accused Rakesh Kumar. Hence the application to this extent was dismissed as withdrawn.
The allegations against accused Munish Sharma, Kamal Kapoor and Rahul Verma were that they have aided and abetted the kidnapping of the girl by main accused Sumit Goundi.
The court observed that the counsel for the accused has placed on record the copy of the registration car which depicts the age of the kidnapped girl as 22 years and the certificate the copy of the certificate dated 30.08.2006 issued by the "Arya Samaj", Jammu which shows that the marriage has taken place between Sumit Goundi and Sakshi Manhas. To support this fact that counsel for the accused has also placed on record the photographs of marriage.
These documents and the circumstances are going to provide a good defence against the charge of kidnapping to the accused, the court observed adding, there is no allegations against the accused applicants that they have provided food or shelter to the girl and the boys in question.
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