ISRAR TOMAR Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No. 96/2020 under Ss. 365/394/395/397/412/120-B/34 IPC registered at P.S. GTB Enclave.

(2.) Briefly stated, the facts of the case are that on 12/3/2020 vide FIR No. 96/20 a case u/s 365/394/34 IPC P.S GTB Enclave was registered on the statement of one Satbir Singh @ Ram Babu. As per the complainant, he is working as a private photographer in different parties/marriages, etc. On 11/3/2020, he went to Chhattarpur by his car Honda Amaze bearing registration No. DL-ZCAW-9162 for photography in a marriage ceremony. Thereafter, he was supposed to attend another marriage ceremony, near Saleem Masjid Dilshad Garden, Delhi. On 12/3/2020 at about 1.30AM while he was taking rest in his car near Saleem Masjid, Damodar Park, four persons came near his car and entered into the car forcibly through window as the window of the car was open. Two of them caught his mouth and two of them forcibly threw him behind the rear seat of the car. Thereafter, one of them started driving the car and put some sharp object around his neck and robbed Rs.10.0011 thousand approximately, one mobile phone M-1 Note 7, three video cameras, one drone camera, as well as his ATM cards and other documents and started roaming.

(3.) As per the complainant, they tried their level best to ask the PIN Number of his ATM but he did not disclose it to them. In the meantime son of the complainant namely Prince called him and asked about his kidnapping and also informed the complainant that he has already reported the matter to the police. Eventually, the robbers/kidnappers threw the complainant near Tronica City and escaped with his car and other robbed articles. Accordingly, the present case was registered at PS GTB Enclave and investigation went underway. Later on sec. 395/397 IPC were added and sec. 411 IPC was replaced with sec. 412 IPC.