HC dismisses bail plea in Shimla girl kidnapping case

Legal Correspondent

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Shimla, April 6

The High Court today dismissed the anticipatory bail plea of the accused, who is allegedly involved in a kidnapping and abducting a minor girl.

Passing this order, Justice Viviek Singh Thakur observed, “A balance has to be maintained between the right of personal liberty and the right of investigating agency to investigate and arrest an offender for the purpose of investigation.”

As per the prosecution, on March 5, 2021 the victim, aged about 15 years and studying in Class IX, left her home to attend school at Shimla. When she did not return home in the evening, her father was worried. On inquiry, he received the information that on that day students were not called to the school. The father of the victim approached the police with suspicion that someone had abducted her daughter.

An FIR was registered in Shimla. During investigation, location of mobile number of the victim was found in Haryana leading to the clue that the victim was travelling towards Delhi and the bail petitioner Mohammad Nazim is allegedly involved in the crime.

It was contended on behalf of the prosecution agency that bail petitioner is a part of racket involved in trapping adolescent girls and throwing them in flesh trade on the promise of marriage and blackmailing under the garb of friendship. Therefore, for revelation and disclosure of magnitude of such conspiracy, custodial interrogation of the petitioner is necessary.

The court further said that “considering the nature, gravity and seriousness of offence and the manner in which the girl has been managed to be transported/travelled from Shimla to other state in an organized manner, I find that prayer for custodial interrogation of the petitioner is justified and thus acceptable.”