(1.) Heard Mr. Sk. S. N. Mohammad, learned counsel for the petitioner and Mr. K. Konwar, learned Additional Public Prosecutor, Assam for the State.
(2.) By this application under Section 438 CrPC, the petitioner, namely, Ijaz Hussain, apprehending his arrest, has prayed for his pre-arrest bail in Satgaon P.S. Case No. 119/2020 registered under Sections 341/364(A)/387/34 IPC.
(3.) As per the FIR of the case dated 31.07.2020, in the evening around 5.45 PM, on 31.07.2020 when the informant was coming from Zoo Road and reached at SFS School, a few persons from a white maruti car, bearing registration No. AS-01-AR-2629, came from his rare side, overtook him, stopped his scooty, assaulted him for no reason, taken away the key of his scooty, forced him inside the said car and took him to a room near Hanuman Temple and FCI quarter MG Bridge at Noonmati. In the FIR, it is also alleged that showing fire arm, they demanded Rs. 5 Lakhs from him, but as he stated that he cannot pay so much money, they made a blank fire, threatened him of dire consequences and then demanded Rs. 2 Lakhs on the day itself and asked him to pay the remaining amount of Rs. 3 Lakhs on the subsequent day and ultimately Rs. 97,000/- was paid to the account of one Bijay Kalita through Google pay by his friend. It was alleged that those persons also took away Rs. 3,000/- that was in his pocket and they stated that they will return on Monday to collect the remaining amount of money.