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Judgment
8 paragraphs · 341 wordsGirish Kathpalia, J
The accused/applicant seeks anticipatory bail in case FIR No. 276/2025 of PS New Ashok Nagar for offence under Section 309(4)/311/3(5) BNS.
Learned APP accepts notice and in all fairness submits on instructions of IO/SI Vishant Bhardwaj that the IO does not need custody of the accused/applicant in view of his insignificant role in the alleged offence.
Although, none appears for the accused/applicant, learned APP fairly submits that no purpose would be served by adjourning the matter.
In his complaint, which got registered as the impugned FIR, the complainant de facto, working as a property builder in New Ashok Nagar, alleged that on 23.05.2025 at about 11:00 pm when he was present in his office with his servant Vasudev, the accused persons namely Sachin, Rinku and Ashish (the accused/applicant herein) came and started abusing him; that Sachin told his servant to stand guard outside the office and Rinku pointed a pistol, after which Rinku and Sachin told him to get Rs. 10,00,000/- from his house, otherwise they would kill him; that he called up his wife and asked her to hand over Rs. 2,00,000/- to Vasudev; that the present accused/applicant, along with Vasudev, went to his house where his wife handed over Rs. 2,00,000/-, and the said amount was brought to his office; that Rinku and Sachin returned Rs. 1,00,000/- to his servant and went away taking Rs. 1,00,000/-.
Apart from the role ascribed to the accused/applicant, it remains not understandable as to if the accused persons were demanding Rs. 10,00,000/-, having obtained Rs. 2,00,000/- from wife of the complainant de facto, why would they return Rs. 1,00,000/-.
Considering the overall circumstances as described above, I find no reason to deprive the accused/applicant liberty.
The 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 a personal bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the IO/SHO.