LAWS(DLH)-2023-12-154

SOMPAL SINGH TOMAR Vs. STATE

Decided On December 18, 2023
Sompal Singh Tomar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in FIR No. 77/2023 under Ss. 323/341/395/342/365/295A/506/201/34 IPC registered at Police Station Anand Vihar.

(2.) In brief, the facts of the case are that on 7/3/2023 at about 11:30 AM, the complainant Mohd. Nawab along with his cousin, namely, Mohd. Suheb was coming from Slaughter house Gazipur, Delhi in his Car No. DL 2CAE-3071 and was going towards his house at New Mustafabad, Delhi. When both of them reached Vivek Niketan (Ashok Niketan) red light Anand Vihar, suddenly one scooty hit their car and the owner of the scooty started fighting with them. During the fight, the scooty driver demanded Rs.4000.00 from them for settlement. Suddenly, one PCR Van came at the spot and from said PCR Van, Ct Sandeep and ASI Sompal (Petitioner herein) came out. Ct Sandeep forcibly took Rs.2500.00 from the pocket of complainant's brother Suheb and handed over the said money to the scooty rider and thereafter, pressurized the complainant for settlement and further demanded Rs.15,000.00 for the same. After some time, Ct. Sandeep and ASI Sompal Singh called some people and later on, four persons came at the spot who were introduced as officials of the department of NGT. All the persons took the complainant and his brother to the crime spot i.e. near Railway line, Railway Colony, where they all confined both of them till 2:30 PM and also gave beatings to them, they tried to cut their hands with knife, urinated on victims face and passed derogatory remarks, "mullo aaj tumhe jaan se maar kar naale me fenk denge aur tum gaukashi karte ho, aaj tum nahi bachoge". They all forcibly took Rs.25,500.00 from the pocket of Mohd. Nawab. Ct. Sandeep called father of Suheb and at the same time, ASI Chander Bhan also reached the spot. ASI Chander Bhan helped those four persons in running away from the spot. When father of Suheb reached the spot, ASI Chander Bhan took the victims to a Bengali clinic in vicinity for treatment and took Rs.2500.00 from them for their release. He also obtained the signatures of victims and father of Suheb on some blank papers. The complainant has further alleged that when the complainant wanted to file complaint against above said police officials, he was pressurized and threatened for settling the matter. As a result, the aforesaid FIR was got registered against the petitioner and investigation was taken up.

(3.) Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case as petitioner was only the driver of PCR Van (MPV-Lava 56) on the date of the incident i.e. 7/3/2023 and has no role to play in the alleged incident. He further submitted that nothing has been recovered from the accused and there is not even an iota of evidence to show that petitioner came out of the PCR Van at the time of incident. He submitted that there are no specific allegations against the petitioner and further submitted that there are several discrepancies in the complaint dtd. 11/3/2023 and the statements of the victim recorded under Sec. 161 Cr.P.C and 164 Cr.PC. He further submitted that the investigation is complete and chargesheet has been filed. Lastly, he submitted that the petitioner is in judicial custody since 3/5/2023 and is the sole bread earner of the family.