INNOCENT DURU Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 438 Cr.P.C. read with Sec. 482 Cr.P.C. seeking anticipatory bail in case FIR No. 374/2023 under Ss. 323/342/365/392/34 IPC registered at Police Station Mohan Garden.

(2.) In brief, the facts of the case as per the prosecution are that on 31/8/2023, the complainant was present in his house along with her brother and a friend, thereafter, in evening around 8 PM one his brothers rang the bell and his another brother opened the door. As soon as the brother of the complainant closed the door, it is alleged that the present petitioner along with co-accused persons forcefully entered the house and slapped the brother of the complainant and thereafter, they started hitting the complainant and robbed their mobile phones along with an amount of Rs.1.00 lac and took the complainant his brother and his friend to All India Nigerian Students and Community Association where they were kept for about two and a half hour and were beaten by the petitioner and co-accused persons. It is further alleged that on 1/9/2023, the complainant and his friends were again tied with chain and beaten by the present petitioner and the co-accused persons. It is further alleged that the complainant was shifted to some other place where he was kept in a room till 13/9/2023 and during this period the complainant was severely beaten by the present petitioner and the co-accused persons. Thereafter, the present petitioner brought the complainant out of the said room from where the complainant managed to escape and reached the police Station Mohan Garden. As a result, on the basis of the written statement of the complainant, the FIR No. 374/2023 under Sec. 323/342/365/392/34 IPC was registered at Police Station Mohan Garden and the investigation was taken up.

(3.) I have heard the learned counsel for the petitioner, leaned APP for the State and have perused the records of the case.