Point of Law: If no case for custodial interrogation is made out by prosecution, then that alone would be a good ground to grant anticipatory bail.

JUDGMENT :

Anoop Kumar Mendiratta, J.

1. Four separate applications under Section 438 Cr.P.C. read with Section 482 Cr.PC for grant of anticipatory bail have been preferred on behalf of the petitioners, Rajeev Arora (BAIL APPLN. 3817/2020), Naveen Sagar (BAIL APPLN. 3821/2020), Sanjay Awasthi (BAIL APPLN. 3884/2020) and Mohd. Akhtar (BAIL APPLN. 4381/2021) in FIR No. 54/2020, under Section 420/120B/34 IPC, registered at PS Budh Vihar.

An application for regular bail under Section 439 Cr.PC has also been preferred on behalf of the petitioner Raman Abrol (BAIL APPLN. 2652/2022) in the aforesaid FIR.

2. In brief, as per the case of prosecution, complainant Mohd. Iqbal alleged that he is a permanent resident of Lal Bazar, Alamdhar Colony, Srinagar, Kashmir and presently residing with one of his acquaintance Shri Prashant Kumar at Sector-5, Rohini, Delhi. He had an ancestral Kashmir-Blue-Sapphire (Neelam) stone weighing 13.03 carats, which he intended to sell on account of dire need of money for purpose of treatment of his wife. For the aforesaid purpose, he discussed the same with one Fayaz R/o Baramullah, Kashmir (proclaimed offender in present case), who was already known to him. About five days prior to lodging of FIR i.e. 25.02.2020, Fayaz called him and informed that he could help him in selling the Neelam to some prospective buyer. Further on 22.02.2020, Fayaz fixed a meeting at Crown Plaza, Sector-10, Rohini in room no. 1509 with one Raman (petitioner in BAIL APPLN. 2652/2022) who claimed himself to be a South Indian and having his in-laws at Jammu. Fayaz informed the complainant that Raman would give an amount of Rs. 10 lakhs as token amount after seeing the Neelam and the balance amount would be paid after testing of Neelam in laboratory. Thereafter, on 24.02.2020, Fayaz came near the residence of complainant along with his associates and asked him to show the Neelam. Complainant insisted them for coming inside the house, but he was asked to show Neelam to them in the Innova Car. It is further the case of complainant that he came near to Car bearing No. MH-05-BJ-9800 and handed over the Neelam to Raman and another person who was sitting in front seat. At aforesaid time, suddenly 4 to 5 persons came shouting ‘Police-Police’ on which Raman ran away from the place after keeping the Neelam with him. As such it was alleged that Raman and Fayaz in connivance with 4-5 associates, took the Neelam by deception.

3. During investigation, complainant Mohd. Iqbal claimed that the cost of the said Neelam was more than Rs. 3 Crores and relied upon testing report dated 12.02.2019 from International Gem Institute Testing Lab Private Ltd., Jaipur, Rajasthan and Gemstone report dated 16.08.1999 from another testing lab at Switzerland. It is further the case of prosecution that CCTV footage of meeting on 22.02.2020 of complainant Mohd. Iqbal with accused Fayaz and other associates was obtained and as per hotel records, Fayaz had checked in the hotel Crown Plaza, Rohini on 22.02.2020 at 2.00 pm and checked out on 23.02.2020 at 11.53 am. Further, Raman Abrol (petitioner in Bail Application No. 2652/2022), Fayaz Ahmad, complainant Mohd. Iqbal and Prashant were seen in the CCTV footage dated 22.02.2020. Also Akhtar Gujjar (petitioner in BAIL APPLN. 4381/2021) was also seen in the hotel. It was further revealed that accused Raman Abrol, Fayaz Ahmad Mir alongwith two other persons namely Akhtar Gujjar and Manjoor Ahmed Vani (Constable) had stayed in Hotel Ivory Place, Karol Bagh, New Delhi. As per records provided by the hotel, Fayaz Ahmad Mir (proclaimed offender) alongwith Akhtar Gujjar (Petitioner in Bail Application No. 4381/2021) and Manjoor Ahmed Vani had stayed in Hotel Ivory Place, Karol Bagh on 22.02.2020 and had checked out on 24.02.2020 after the incident. The CCTV footage provided by the hotel also confirmed the presence of Raman Abrol, Fayaz Ahmad Mir, Akhtar Gujjar and Manjoor Ahmed Vani. Accused Raman Abrol also had Car No. JK-02-BT-0046