Amit vs State Of Nct Of Delhi

Girish Kathpalia, J

The accused/applicant seeks anticipatory bail in case FIR No.246/2024 of PS Subhash Place for offence under section 386/34 IPC.

None appears for the accused/applicant.

Learned APP accepts notice. I have heard the learned APP assisted by IO/SI Neeraj Kumar.

Broadly speaking, the prosecution case through the FIR registered on statement of the complainant Johnty Malhotra is as follows. On 01.04.2024 at about 08:20pm, when he was walking on the road outside his house, two boys came on a motorcycle and demanded Rs.50,00,000/- on behalf of alleged gangsters Kala Jatheddi and Jassu, stating that if he did not pay the money, he would be killed. As per the complainant, those motorcycle borne assailants were addressing each other by names Neeraj @ Nimbu and Sunny Mandhotiya. The accused/applicant is not named in the FIR. According to the prosecution side, it is on the basis of the disclosure statement of Neeraj that the accused/applicant was involved in the present case. According to the alleged disclosure statement, the accused/applicant was sitting on his motorcycle, parked slightly behind the spot of extortion.

On being called upon to disclose the evidence so far collected against the accused/applicant, the IO submits that an amount of Rs.500/- was transferred by the accused/applicant to accused Sunny and that the accused/applicant switched off his mobile phone. Apart from these two aspects, there is no other material against the accused/applicant.

Learned APP submits that the main gangsters being dangerous extortionists, the accused/applicant is not entitled to anticipatory bail.

In view of the aforesaid, just because the alleged extortionists are dangerous gang, in the absence of cogent material connecting the accused/applicant with the alleged extortion bid, I find no reason to deprive the accused/applicant liberty.

Therefore, the bail application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail subject to his furnishing personal bond in the sum of Rs 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO. Pending application is also disposed of.

At this stage Mr. H.S. Dahiya, counsel for the accused/applicant has appeared and is apprised of the above order.