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HIGH COURT OF DELHI
AREEN ABBAS
S/o Akbar Abbas R/o Village, Semra Post, Belawatiya, P.S Turkauliya, Belawati East- Champaran .....Petitioner
Through: Mr. Jitender Tyagi and Mr. Kuldeep Naagar, Advs.
Through SHO, PS Jamia Nagar .....Respondent
Through: Mr. Utkarsh, APP for the State
Mr. Sanjay Kumar and Ms. Vaishnavi Prajapati, Advs. for Complainant.
JUDGMENT
1. Application seeking grant of Anticipatory Bail has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) on behalf of the Applicant/Areen Abbas in FIR No.468/2024 under Section 309(6)/140(3)/3(5) Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS”) [corresponding to Section 394/365/34 of the Indian Penal Code (IPC), 1860] registered at PS Jamia Nagar.
2. He moved one Application for Anticipatory Bail before the Ld. Sessions Court which was dismissed vide Order dated 13.06.2025.
3. The brief facts of the present case are that on 02.12.2024, the Complainant/Sh. Ahtasham went to SGT University, Gurugram, Haryana, where he met his friend, Ms. Komal. Allegedly, father of Ms. Komal, saw the Complainant with his daughter and lodged a Complaint at PS Farukh Nagar, Haryana. The Complainant called his friend, Asif who sent Ammar Chaudhary and the Applicant/Areen Abbas, his friends, to PS Farukh Nagar for the help. The matter was closed on the statement of the Complainant that he will not keep any contact with Ms. Komal in the future. Consequently, the matter was compromised and accordingly, disposed of.
4. According to the Complaint, thereafter, when Ammar Chaudhary and the Applicant/Areen Abbas came out from the Police Station, they told the Complainant that they have spent Rs.[3] lakhs for settling the case and demanded the money from the Complainant and was forcefully made to transfer Rs.1,50,000/- in the account of the Applicant and also had to give Rs.20,000/- in cash. The Complainant gave a Complaint to the Cyber Police Station Badarpur, regarding the above incident on which the Police freezed the Bank Account of the Applicant. Thereafter, the Applicant along with other accused persons, started to pressurise the Complainant to withdraw his Complaint from the Cyber Police Station and to get his Account de-freezed and also demanded the balance from him, but the Complainant refused to do so.
5. On 10.12.2024, at about 11:30 PM, the Complainant was present at his room along with his roommates, Javed Khan, Sabaab, Khan, Nazir and Ebrahim, when the Applicant along with one another boy, came at the room of the Complainant and demanded his phone and remaining balance money from him and also pressurized him to withdraw the Cyber Complaint. The Complainant raised hue and cry and all of them came out in the gali. The Applicant along with another boy, forcibly grabbed the Complainant by the neck and made him sit inside a parked Honda Amaze car, bearing registration number DL3CCR2217.
6. The Complainant further alleged that both individuals took him to a room on the second floor of a building located on 40 Ft. Road, Shaheen Bagh, near the SBI ATM, where two more individuals, namely, Ammar Chaudhary and Asif, were already present. Another boy being referred by the group as “Talha”, was also present. All four individuals i.e. Ammar Chaudhry, Applicant/Areen Abbas, Asif, and Talha, allegedly assaulted the Complainant with sticks (dandas) and metal pipes, demanding the password to his phone. The Applicant allegedly threatened the Complainant, stating that he would be killed if he did not reveal his UPI password. Fearing for his life, the Complainant disclosed all his passwords. The accused persons transferred Rs. 90,000/- from the Complainant’s account to Asif’s account via UPI. Additional amounts were also transferred to other accounts, though the Complaint stated that the details of those transactions would be provided later.
7. On the next day, in the morning of 11.12.2024, at around 7:45 AM, Ammar Chaudhary, Applicant/Areen Abbas, and Talha allegedly took the Complainant to Jasram Heritage Hotel in Jasola, where they stayed in Room No. 108. There, Ammar Chaudhary and the Applicant continued to pressure the Complainant to withdraw the Cyber Complaint that he had previously filed. Under continued threats and fear, the Complainant agreed to their demands.
8. Later, when Ammar Chaudhary and the Applicant fell asleep, the Complainant managed to escape with his phone. Due to fear and trauma, he travelled from Shaheen Bagh to Hauz Khas and called the police at emergency number 112. He was then directed to the Shaheen Bagh Police Station, from where he was taken to Jamia Nagar Police Station for inquiry. DD No. 79 A dated 11.12.2024 was recorded. Because of the pain, the Complainant was unable to give his statement.
9. The Police took the Complainant to Holy Family Hospital for medical examination and treatment. Due to severe pain from the assault, he was initially unable to give a full statement. However, after taking some rest, he returned to the police station and gave his formal statement regarding the incident, on which the present FIR under Section 309(6)/140(3)/3(5) BNS [corresponding to Section 394/365/34 IPC] was registered on 12.12.2024.
10. The Applicant has sought Anticipatory Bail on the grounds that all the allegations levelled in the FIR by the Complainant are totally false, fabricated and far from reality. The Applicant has submitted that he is innocent and has been falsely implicated in the present case.
11. The true facts are that the Applicant and co-accused persons, never hit the Complainant and did not take him to any Hotel as has been alleged by him. It is the Complainant who has created a false story for his ulterior motives.
12. It is submitted that the Applicant has video/audio recordings wherein the Complainant is visible having one Desi Katta with him and is laughing while lying on the bed in the Hotel room. It is clear from the video that no pressure or physical assault was committed on the Complainant.
13. Moreover, he himself had given his Aadhaar card at the Hotel reception to book the room. It is submitted that the money which was transferred in the account of the Applicant was completely voluntary as the Complainant had borrowed the money from the applicant at the Police Station for finishing his case. There was no force or coercion of any kind exerted by the accused person.
14. It is submitted that the co-accused, Ammar Chaudhary has already been granted Bail by Ld. ASJ, Saket Court, New Delhi, vide Order dated 21.01.2025.
15. The Applicant undertakes to join the investigations as and when required. His detention is not required for the purpose of investigation or for recovery of any incriminating evidence against him.
16. Thus, a prayer is made for grant of Anticipatory Bail.
17. Status report has been filed on behalf of the State detailing the incident in question.
18. It is stated that during investigation, on 11.12.2024, the Complainant was medically examined at Holy family Hospital, New Friends Colony, New Delhi, vide MLC No. 6649 and the nature of injuries was opined as grievous in nature, fracture left scapula.
19. The Bank Account details of the Complainant, the accused persons, namely, Asif and the Applicant had been obtained which corroborate the allegations. Furthermore, the CDR of the Complainant and the accused persons has been obtained and their locations have been found on the spots, as per the allegations.
20. The CCTV footage of the alleged Hotel Jasram Heritage, Jasola, Shaheen Bagh, New Delhi, has been obtained which shows that the accused persons and the Complainant in the Hotel at 7:25 AM on 11.12.2024. At 9:30 AM, the Complainant ran away from the Hotel. The photographs provided by the Complainant, shows him having injuries on his body.
21. On 12.12.2024, the accused persons, namely, Md. Asif, aged about 26 years; Ammar Chaudhry, aged about 23 years; Md. Talha, aged about 21 years were arrested from the Flat where the Complainant was beaten. The PC remand was obtained and the vehicle bearing number DL3CCR2217 was recovered at the instance of Talha, from his house.
22. All the three accused persons are on Bail.
23. During the interrogation, co-accused Ammar Chaudhary has disclosed that they did not give any money to the police at PS Farukh Nagar. They wanted to extort money from the Complainant on the pretext of compromise in the matter before the police, but when he denied, they kidnapped him, beat him and robbed him. A raid was conducted at the native place of the Applicant in Bihar, but he could not be arrested. After obtaining NBW, efforts were made to apprehend him, but all in vain.
24. On 28.07.2025, process under Section 84 BNSS has been issued from the Court against Applicant and the next date of hearing is 25.09.2025. The Anticipatory Bail Application of the Applicant has been dismissed by the Ld. sessions court vide Order dated 13.06.2025.
25. During the arguments on Anticipatory Bail, the counsel of the Applicant played an audio/video recording in which the Complainant is seen with a Desi Katta in his hand. In this regard, the Complainant was examined who stated that after being beaten and threatened by the Applicant, the Applicant gave a Desi Katta in his hand and recorded the video in which the words were spoken by him, as per their instructions. The Complainant was threatened that if he did not do, he will be beaten up again. As per the statement of the Complainant, said Desi Katta belonged to the Applicant.
26. It is stated that the investigation is in progress and the custodial interrogation of the Applicant is required to recover the robbed amount of Rs.20,000, the mobile phone having the alleged audio/video recording and the Desi Katta.
27. The Anticipatory Bail Application is opposed on the grounds that the allegations against Applicant are serious in nature. The Applicant may threaten/induce the Complainant/Witnesses and may jump the Bail.
28. Furthermore, the Applicant is previously involved in FIR NO. 5128003250113, dated 17.03.2025 under Sections 126(2)/115(2)/308(2)/109/3(5) BNS, PS Chakia, Motihari, Bihar.
29. Thus, the Bail Application is liable to be dismissed. Submission heard and record perused.
30. The present case pertains to serious allegations of kidnapping, robbery, threats with a Firearm and physical assault committed by the Applicant/Areen Abbas and his co-accused. It is alleged that the Applicant, along with others, forcibly abducted the Complainant, assaulted him, and extorted money by coercing him into revealing his UPI credentials.
31. It is pertinent to note that the allegations against the Applicant are serious in nature. The Applicant does not have clean antecedents and has been previously involved in one case of similar nature in Bihar.
32. Although the co-accused persons are on Bail, it has to be noted that despite several efforts by the police and issuance of NBW, the Applicant could not be arrested. Proceedings under Section 84 BNSS have also been initiated against the Applicant.
33. Furthermore, the investigation is still in progress and the police is yet to recover the robbed cash amount of Rs.20,000/-, the mobile phone having the alleged audio/video recording and the Desi Katta, which is stated to belong to the Applicant.
34. At this stage, taking into account the gravity of the offence, and also that the recovery of Desi Katta belonging to the Applicant, the cash amount and mobile phone, is yet to be made, are relevant facts for consideration. More importantly, the Applicant has been absconding and has not joined the investigations. The present case is held to be not fit for grant of Anticipatory Bail.
35. The Bail Application is accordingly, rejected.
36. The Bail Application stands disposed of along with pending Application(s), if any.
JUDGE SEPTEMBER 23, 2025