JAFFAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has preferred this petition for grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.2 dated 07.01.2018, registered under Sections 364-A, 386, 395, 420, 120-B IPC at Police Station Rojka Meo, District Nuh.

(2.) As per FIR, the complainant-Liya Abdul Shakur alleged that he was running the business of cloth and was a responsible person of Islamic Centre. Tabliki community from Mewat used to visit his place in Gujarat. The persons from Mewat usually used to take their mobile numbers and were involved in exchange of pleasantries. Petitioner was also exchanging pleasantries with the complainant and his relatives for some time. Petitioner made a call to the relative of complainant Najima Khan and informed that he was in trouble. Complainant talked to the petitioner. Petitioner disclosed about financial requirement arising out of agreement of land, wherein he was in need of Rs.21 lakhs. Petitioner asked for financial help and also offered land or gold in lieu thereof. Complainant along with Najima Sheikh came on 26.12.2017 to the disclosed place in HUDA City Centre, Gurgaon, where the petitioner, Rafiq and Mubin were found standing with a car. Complainant along with the petitioner reached IMT Mewat. Complainant was shown the land and also some gold biscuits. Taking of gold was refused by the complainant as he was to return by air. On asking of the petitioner, complainant promised to pay an amount of Rs.21 lakhs. An amount of Rs.1 lakh was given and the remaining was assured to be paid on the next visit of the complainant. Complainant and his accompanion were dropped back at HUDA City Railway Station, Gurgaon.

(3.) Thereafter continuous talks were held on telephone. Complainant agreed to purchase the land for profit. On 31.12.2017, the complainant after collecting some amount and borrowing some amount from his friends arranged Rs.19 lakhs as the petitioner was pressing hard for the same. Complainant all alone reached Delhi by air and thereafter contacted the persons on telephone. On 02.01.2018, the accused party made a call to the complainant and asked him to reach Sohna Bus Stand. At about 7/7.30 p.m., the complainant reached Sohna Bus Stand with money, where he found Mubin, Rafiq and petitioner standing with a vehicle. They took the complainant into vehicle to an isolated jungle behind the IMT Rojka Meo. Meanwhile, two other accompanions of the accused persons also joined them, whose names were came to be known as Sahun and Hasin. All of them told the complainant that there was no land available. They also disclosed that they were the persons of Aman, District Chief, Iman District Councilor and Jamshed Advocate of Nagina. They snatched the bag full of money. On making noise, Wasim, Jakar, Mubin, Ahmed and 8-10 more persons from the nearby villages attracted to the spot. On seeing the aforesaid person, the accused fled away from the spot along with the money.