( 1 ) BY this order two applications being Crl. M. (M) 4699/98 under Section 439 of the Code of Criminal Procedure (for short the Code ) filed by Nafees Ahmad Siddiqui (for short nafees ) for bail and the other being Crl. M. (M) 654/99 under Section 482 of the Code filed by the complainant Shri P. D. Lakhani for setting aside the order dated 20/2/1999 passed by the learned Additional Sessions Judge admitting respondents No. 2 to 5, namely, Shadab Ahmed Siddiqui, Nadeem Ahmed Siddiqui, Shailendra Dixit and Waseem Faridi (for short Shabad, Nadeem, Dixit and Waseem) to anticipatory bail.

( 2 ) NAFEES alongwith Brij Mohan Sharma, Sanotsh Kumar Sharma, Ram Kishan Chauhan (for short Brij, Santosh and Chauhan) has been chargesheeted for offences under Sections 386/506/120-B Indian Penal Code. Whereas aforesaid four others who had been absconding have been shown in column No. 2 of the report. Proceedings under Sections 82 and 83 were initiated against these four persons and in the meantime the learned Additional Session Judge has admitted them to anticipatory bail.

( 3 ) SINCE arguments have been addressed at length in both these cases it would be proper to refer to the facts and circumstances of the case in some details.

( 4 ) P. D. Lakhani and his brother Kailash Chand Lakhani (K. C Lakhani) are businessmen and Directors of the company known as M/s. Lucksons Footwear Company Pvt. Ltd. , Okhla Indus. Area, New Delhi.

( 5 ) P. D. Lakhani complainant had lodged a report on 23/7/1998 with the Deputy Commissioner of Police (Crimes and Railways) alleging that since September- October, 1997 he had been receiving threatening calls on telephones demanding Rs. 5 crores otherwise he and members of his family will be killed. Due to these threats and fear of being killed, he did not inform the police about it and paid Rs. 15 lakhs in January 1998 near Ranjit Hotel, flyover, New Delhi and another sum of Rs. 20 lakhs was delivered on the telephonic instructions of the extortionist to Inland Courier, Sadar Bazar, Delhi on 30/4/1998. His brother Shri K. C. Lakhani had also been receiving similar calls at Faridabad and money had been extorted from him also. His brother-in-law Shri Mukund Lal Madan was kidnapped on 3/5/1998 and was murdered. He also alleged that he had received calls for further demands through phone No. 98110-06708 on his mobile phone No. 98110-84130 on 13/6/1998 and again demand of Rs. 30 lakhs more was made on 16/7/1998 at 10. 30 p. m. On this FIR No. 520/98 was registered at Police Station Okhla Industrial Area under Section 386/506 Indian Penal Code.

( 6 ) ON the basis of this information record of calls of the mobile phone No. 9811006708 for the period 12th June to 23/7/1998 was collected which disclosed that inter alia several telephone calls had been received on telephone No. 01191285010, 9811081430, 0113222173 and Pager No. 9832146663, phone No. 285010 and mobile No. 98110 84130 belong to complainant whereas phone No. 3222173 has been traced in the name of Waseem who is brother-in-law of Nafees, installed at Delhi. Pager No. 9832146663 is registered in the name of one Ms. Indu Saini at Faridabad.

( 7 ) AMOUNT of Rs. 20 lakhs delivered in the office of Inland Couriers, Sadar Bazar, Delhi on 30/4/1998, was received by accused Brij who has been identified by Shri P. D. Lakhani and his companion Shri A. S. Sharma. Brij was working in M/s. Inland Courier and also for another company Mercury Courier of Sadar Bazar, Delhi and he had taken the money on the basis of a given code being the number of a hundred rupee currency note as told by the extortionist. Brij was arrested and he admitted having received this money against said code number and having sent the same to their office at Kanpur as per instructions received on phone. At Kanpur accused Santosh another employee of the courier company had received it. Santosh was also arrested and he also admitted having received this money from their Delhi Office (in Hawala)