Point of law: Grant of Bail - Nature and gravity of the offence which is determined by the punishment for that offence - The position and status of the accused with reference to the victim - Tampering with evidence and influencing witnesses.

JUDGMENT :

Subramonium Prasad, J.

1. This petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.263/2020 dated 07.10.2020 registered at Police Station Prasad Nagar for offences punishable under Sections 364A/120B/34 IPC.

2. The brief facts leading to this bail application are as follows :

(a) A complaint was received from one Ms. Laxmi, W/o Sh. Mukesh Kumar R/o 16/284-H, Bapa Nagar, Hardhayan Singh Road, Karol Bagh, Delhi, stating that her husband Mukesh Kumar left the house for the company in which he is working (MZUHI Gold having its Head Office at SCF-1, Hill View Enclave, Peer Muchalla, Zikarpur) by stating that some people have called him at INA for some work.

(b) It is stated that she received a phone call from him asking her to arrange about Rs.1 to 2 lakhs at once and if cash is not available then she was asked to arrange some jewellery etc. It is stated that Mukesh Kumar also asked the complainant to come along with his cheque book at Shahdara Metro Station.

(c) The complainant has stated that Mukesh Kumar told her that one person will meet her at Shahdara Metro Station and she will hand over jewellery and cheque book to him. The complainant stated that Mukesh Kumar told her that the name of the person is Pankaj and he also gave his phone number to her. It is stated that the daughter of the complainant handed over the jewellery of about Rs.3 lakhs along with the cheque book of Mukesh Kumar to the said Pankaj at Shahdara Metro Station.

(d) It is stated that about 9:30 p.m. in the evening she received another phone call from her husband wherein he asked her to arrange Rs.3-4 lakhs and told her that he will call in the morning. On the receipt of the said complaint, the present FIR was registered.

(e) During investigation the call of Mukesh Kumar was traced and he was found at H.No.13, Gali No.1, Nandan Nagar, Transport Nagar, Meerut, UP. Accused Nitin Kansal was arrested on the same day when Mukesh Kumar was rescued. Mukesh Kumar was taken to Lady Haringe Medical College and Smt. S.K. Hospital, New Delhi for medical examination.

(f) Mukesh Kumar gave his statement under Section 161 CrPC on 08.10.2020. In his statement under Section 161 CrPC he revealed that accused Nitin Kansal was interested in taking distributorship in the company in which he was working and Nitin Kansal was given the dealership. Goods were supplied to Nitin Kansal. It is stated that in September, 2020 Nitin Kansal informed Mukesh Kumar that some of the goods supplied by the company are not being sold and are lying in his godown and Nitin Kansal wanted to end the agreement. It is stated that Nitin Kansal asked Mukesh Kumar to take back the goods and demanded Rs.10-15 lakhs. It is stated that Mukesh Kumar informed Nitin Kansal that he would take him to Zikarpur and talk to the owner of the company, one Dinesh Singhala.

(g) It is stated that on 10.09.2020, Mukesh Kumar and Nitin Kansal left for the office of the company where Mukesh Kumar was working. They reached Mohali, Punjab and stayed at Artharb Hotel. It is stated that the next day they reached Zikarpur where the office of the company is situated and had a meeting with owner of the company.

(h) It is stated that Nitin Kansal explained about the losses he suffered and was angry. It is stated that in the evening they stayed at Vashudev Hotel where Nitin Kansal called a girl in the hotel and had taken obscene photographs of Mukesh Kumar at the hotel.

(i) It is stated that the petitioner was informed about the photographs. It is stated that Nitin Kansal forced him to visit Meerut but he refused to meet him and did not go to Meerut.

(j) It is stated that in October, 2020, Mukesh Kumar received a phone call from a person, who introduced himself as Vivek. It is stated that the said Vivek told Mukesh Kumar that he wants distributorship of the company in Bareilly. It is stated that the said Vivek asked Mukesh Kumar to come at INA Metro Station on 06.10.2020. It is stated that