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BAIL APPLN.45/2020
BALRAM Petitioner
Through Mr Maninder Singh,Mr Ajay Kumar Pipaniya,MrImtiyaz Hussain,Ms Pallavi
Pipaniya,Advocates.
Ms Smriti Asmita,Advocate for complainant with complainantin person.
SI Mohd Kafeel,P.S. Mukherjee Nagar present.
■ BAIL APPLN.46/2020
MOHIT Petitioner Thi'ough Mr Maninder Singh,Mr Ajay Kumar
Pipaniya,MrImtiyaz Hussain,MsPallavi
RISHII<DkTARIA Petitioner Pipaniya,Advocates. -
2020:DHC:3883 V
SONU Petitioner V
15.01.2020 y I
<■
ORDER
1. Allowed, subject to all just exceptions.
2. The applications are disposed of. BAIL APPLN. 45/2020 BAIL APPLN. 46/2020 BAIL APPLN. 48/2020 L BAIL APPLN.51/2020
3. The petitioners have filed the present petitions seeking bail in connection with FIR No. 0517/2019 under Section 364A/'34 of the IPG registered v/ith PS Mukherjee Nagar.
4. The said FIR was registered at the instance ofone Aditya Mehta(the complainant). He had stated that at the material time he was working as a cook in an establishment.He stated that on 30.10.2019 at about 7.30 p.m.he received^a mobile phone call from his brother informing that he is being taken away. Subsequently,he received another call from a girl who told himthat the complainant's father had borrowed some nioney and he could not be contacted for the last four five days and therefore,the complainant's brother had been picked up and takeii away. She told the complainant to come to GTB Nagar Metro Station Gate No.4 along with the money. The complainanttried to contact his brother on his mobile phone butreceived ho response. Thereafter, the complainant dialled 100 number and approalched......., ^ the police authorities.
5. On his complaint, a policeman, in plain clothes, was appointed:to accompany the complainant to the spot GTB.N^gar Metro Station. Thereafter, the complainant received another phone call directing him to reach at Lazy Beer Cafe,Vijay NagarSingle Storey,the spot as indicated.to the.complainant. After reaching,the spot, the.complainant.dialled to his brother which was received by a person wearing a red cploured t-shirt who was standing nearby. He was subsequently identified hs Mohit- petitioner in Bail Appl.No.46/2020. / I [
6. At that stage, he (named Mohit) was apprehended by the police constable wearing plain clothes. He raised an alarm and the other three persons v/ho were hiding nearby came there to rescue their accomplice (Mohit), however,they were overpowered by other policemen who were in the vicinity.
7. The complainant now states that there was some misunderstanding and his brother was not abducted. Although the said FIR indicates that the complainant's brother had been recovered, the complainant denied that his brother was confined by the petitioners.
8. The Test Identification Parade(TIP)of one ofthe co-accused (Rishi Kataria)has been conducted,however,he has not been identified.
9. The learned counsel appearing for the complainant is also present in Court and insisted that the FIR is lodged on account of certain misunderstanding and the complainant's brother had not been kidnapped.
10. Given the above circumstances, this Court considers it apposite to allow the present petitions and release the petitioners on bail subject to certain conditions: (i) Each of the petitioners shall submit a personal bail bond in the sum of ^20,000/- with two sureties of the equivalent amount, each, to the satisfaction of the concemed Trial Court; (ii) the petitioners shall not leave the National Capital Territoiy of Delhi; (iii) the petitioners shall join the investigations and co-operate with the 10: (iv) Bach of the petitioners shall report to the concerned police station on the second and fourth Monday ofeach calendar month at 10.30 a.m. j ■7
11. The petitions are allowed in the aforesaid terms.
12. Order dasti under signatures ofthe Court Master.
JANUARY 15, 2020 plcv VIBHU BAKHRU, J