NOOR SALIM RANA Vs. STATE

JUDGEMENT

(1.) By way of this petition, the petitioner is seeking anticipatory bail in FIR No. 70/2009, P.S. Nabi Karim, Delhi.

(2.) The FIR was registered on the statement of Reshma Manoj Aggarwal wife of Manoj Aggarwal who was allegedly kidnapped at gun point on 07.07.2009 and at the gun point was taken in a car and confined at Rana Paper Mill by co accused persons at the instance of the petitioner. It is alleged that he was kept in confinement inside a room there from 07.07.2009 to 10.09.2009. Later his wife Reshma filed a Hebeas Corpus petition at Aurangabad Bench of Madhya Pradesh High Court. The petitioner was produced there and was released. It is also alleged against the petitioner and co-accused persons that they had demanded a ransom of Rs.50.00 lacs for the release of the petitioner. On account of this allegation section 364A was also added in the FIR.

(3.) The learned counsel appearing for the petitioner submitted that the instant FIR registered against the petitioner and co-accused persons was a counter-blast of the FIR registered against Manoj Aggarwal and his brother Ashwini Aggarwal at Nai Mandi, Muzaffarnagar under section 420/406 IPC on 04.02.2009. In this regard, it is submitted that the petitioner had filed a Writ at Allahabad High Court from where he got the protection from arrest till the filing of the charge-sheet. It is submitted that there is no mention of any ransom amount much less an amount of Rs.50.00 lacs by the petitioner in the statements of Manoj Aggaral. It was next submitted that till date no notice under section 160 Cr. P.C. was given to the petitioner and that the petitioner was willing to join the investigation. The learned counsel relied upon the cases of Ram Saran Vs. State of Haryana, Criminal Misc. No. 32158-M of 1998; Amarjit Singh Vs. State of Punjab, Criminal Misc. No. 1234-M of 1999; Siri Krishan Dass Vs. State of Haryana, Criminal Misc. No. 2276-M all of Punjab & Haryana High Court and Parmanand Saini Vs. State, 2001 89 DLT 637 of this High Court.