LAWS(DLH)-2024-5-66

SURAJ KUMAR Vs. STATE OF NCT OF DELHI

Decided On May 17, 2024
SURAJ KUMAR Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The present application is filed under Sec. 438 of the Code of Criminal Procedure, 1973 (CrPC) read with Sec. 482 of the CrPC seeking pre-arrest bail in FIR No. 164/2024 dtd. 1/5/2024, registered at Police Station Ashok Vihar, for offences under Ss. 365/323/34 of the Indian Penal Code, 1860 (IPC).

(2.) The FIR was registered on a complaint at the behest of Mr. Rajesh/ complainant alleging that the applicant and the complainant had known each other for quite some time, since the complainant had aided the applicant in obtaining a loan on an earlier occasion. It is alleged that the applicant was planning to take some plot on lease in Jharkhand, and had approached the complainant to provide consultancy services in order to obtain a loan for the same. It is alleged that the applicant had paid Rs.1,50,000.00 to Rs.2,00,000.00 to the complainant for the said purpose, however, the loan could not be sanctioned due some lack in documentation. It is alleged that the complainant and the applicant got in to a heated argument and thereafter they both stopped talking to each other.

(3.) On 22/4/2024, that is the date of the alleged incident, at around 05:00 p.m., when the complainant along with his nephew and one person, namely, Sunil Kumar, were going to visit branch of Bank of Baroda at Ashok Vihar, the applicant along with two other persons came and pulled over their car (white colour Brezza), bearing registration no. DL12CR6025, and pushed his nephew, due to which he fell. It is alleged that the applicant was thereafter forcibly made to sit inside the car along with Sunil Kumar. It is alleged that the said car was driven by the applicant. It is alleged that the other accused persons slapped the complainant at the instance of the applicant and threatened him of dire consequences if he didn't pay the demanded money.