SHAHNAWAZ MOHAMMAD RAFIK CHHANNU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicants - accused have prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.I-11210055250288/ 2025 registered with Salabatpura Police Station, Surat for the offences punishable under Ss. 308(2), 308(5) and 3(5) of the BNS.

(2.) Learned advocate for the applicants submits that the applicants have nothing to do with the offence and they are falsely implicated in the offence. The present applicants are real brothers. It is submitted that the complainant intended to illegally construct a 6th floor on his building. In response, the applicants approached the Surat Municipal Corporation. Pursuant to this approach and the filing of an RTI application, the illegal 6 th floor construction of the complainant was demolished. Subsequently, the complainant rebuilt the 6th floor, which was again demolished. It is alleged that the applicants demanded one flat in the building. However, upon negotiation, they agreed to accept Rs.6,00,000.00. The complainant paid Rs.3,00,000.00 to the applicants, but the applicants allegedly told him that until the full amount of Rs.6,00,000.00 was paid, they would not allow him to continue construction, claiming that they had extorted the money. A complaint has been filed in this regard. No antecedents have been reported against the applicants. Furthermore, no recovery or discovery is required from the accused, and the complaint appears to have been filed with an ulterior motive, given the four-month delay in filing it. It is submitted that, prima facie, no offence is made out, even if the allegations of attempted extortion are accepted. Therefore, custodial interrogation at this stage is not necessary. Applicants do not have any past antecedents. In view of the above, the applicants may be granted anticipatory bail.

(3.) Learned advocate for the original Complainant has filed an affidavit, which is annexed at page35 of the compilation.