VIJAY BAHADUR Vs. STATE OF DELHI

JUDGEMENT

(1.) Petitioners who are head constable and constables respectively in Delhi Police seek anticipatory bail in a case registered against them for commission of offence punishable under Sections 384/385/389/342/12-B IPC.

(2.) These petitioners, according to the prosecution case while misusing their official position, extorted a sum of Rs.20 lacs from Dr.Upender, alleged kingpin in kidney racket. These petitioners though were never entrusted with the investigation of that case yet pretended to Dr.Upender that they were investigators of this case and they would secure his release and in this manner they have extorted a sum of Rs.20 lacs.

(3.) I am told by learned prosecutor that co-accused, ASI Ravinder Kumar Singh has already been arrested and according to the prosecutor, it is not a case for anticipatory bail as custodial interrogation of the petitioners shall be essential. More so, test identification is yet to be held. Learned prosecutor further urged that investigators are in position of the conversation recorded between the petitioners and Dr.Upender on mobile and that such conversation will have to be confronted to the petitioners after their arrest.