MD. NAUMAN Vs. STATE (GOVT. OF NCT) DELHI

JUDGEMENT

(1.) THIS is an application filed by the petitioner under Section 439 of Cr.P.C. in FIR No. RC 221/2011/E0010 under Section 364A/368/388/120B IPC for the grant of bail.

(2.) LEARNED counsel for petitioner has submitted that the petitioner is an innocent person and has been falsely implicated in the present case. It is submitted that there is no role of the petitioner in the kidnapping of two businessmen, namely, Anandan and A.G.Lenin. It is submitted that there is no role of petitioner in confining the aforesaid two persons or even in the extortion of Rs. 25 lakhs as is alleged. Learned counsel submits that as per prosecution case, alleged ransom amount of Rs. 25 lakhs was deposited in the account of M/s Perfect Diamond, proprietor accused Grijesh Chandra @ Kamalkar in Corporation Bank, Karol Bagh. Further allegations are that the introduction for opening the said account of M/s Perfect Diamond was given in the bank by the petitioner. Further allegations are that the petitioner had gone to the said Bank with accused Grijesh Chandra @ Kamalkar for the release of said amount on 26.11.2011. It is further submitted that the case is at the stage of prosecution evidence. The witnesses relating to the petitioner have already been examined. It is submitted that petitioner is also suffering from post burn deformities in both his hands and due to that he is suffering from skin infections and is being sent for treatment to Government hospitals from the Jail. However, there is no improvement. It is further submitted that due to post burn deformities, petitioner has suffered 65% disability and the petitioner requires treatment from some good hospital. Ld.counsel submits that considering the allegations against the petitioner as well as his medical conditions, the petitioner be released on bail.

(3.) IN the present case, the allegations against the petitioner are that he along with other co accused persons had kidnapped the victims A.G. Lenin and Anandan for ransom and wrongfully kept them in confinement. It is alleged that the victims A.G. Lenin and Anandan were brought to Delhi in the third week of November, 2011 by two co accused persons of the present case on the pretext of doing business of yarn at cheaper rates. It is alleged that after bringing them to Delhi they were kept in a premises C 2, Block A 3, Mohan Garden, New Delhi where they were manhandled and Rs.73,000/ was extorted from them and the victims were threatened for arranging Rs. 25 lacs and to transfer the same into bank account controlled by the three co accused persons in the present case. Further allegations are that the present petitioner has played a role in opening the account of M/s Perfect Diamond proprietor Grijesh Chandra @ Kamalkar, i.e., the co accused and the account was opened in the Corporation Bank, Karol Bagh Branch. It is alleged that the present petitioner has introduced the said Grijesh Chandra @ Kamalkar to the Bank for opening of the said account in the name of M/s Perfect Diamond. Further, the allegations are that on 26.11.2011, the present petitioner had gone with the co accused Grijesh Chandra @ Kamalkar at the said branch for withdrawal of amount of Rs.25 lakh which was deposited by the family members of the victims in the aforesaid account. It is alleged that the bank officials did not allow the withdrawal of said amount and had asked them to produce the proof of transaction for which the money had come in the account of M/s Perfect Diamond. Further allegations are that there is a video footage of the Corporation Bank, Karol Bagh for 26.11.2011 wherein the present petitioner has also been shown with two other co accused persons of the present case who had gone to the bank for the withdrawal of the aforesaid amount. Further allegations are that a blank signed cheque of M/s Perfect Diamond has been recovered from the premises of the present petitioner.