The court held that a prima facie case must be established for anticipatory bail, emphasizing the seriousness of the allegations and the need for custodial interrogation.

JUDGMENT :

MANMEET PRITAM SINGH ARORA, J.

CRL.M.A. 3526/2025 (under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 on behalf of the Applicant Akhileshwar Kumar seeking early hearing)

This is an application filed by the Petitioner seeking preponement of the hearing in the main petition.

The application is allowed and with the consent of the parties, the main petition is taken up for hearing.

Accordingly, the date of 04.03.2025 stands cancelled.

BAIL APPLN. 291/2025

1. The present application has been filed under Section 482 read with Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking grant of anticipatory bail to the Applicant in FIR bearing no. 346/2024 under Sections 319(2)/318(4)/61(2) of Bharatiya Nyaya Sanhita, 2023 (‘BNS Act’).

Brief Facts

2. The case of the prosecution as borne out from the status report is that the FIR bearing no. 346/2024 was registered on the statement of Sh.Ravinder Sharma i.e. the complainant.

2.1. In the FIR, it is stated that the complainant was in contact with the Applicant for several business offers and during one such conversation, the Applicant made an offer to him that he can arrange to sell him Gold, which is 30% discounted rate compared to market value and this Gold arrives in India via the Nepal route. In the FIR, the complainant identified the Applicant as Sanjay and provided three different mobile numbers on which he spoke with the Applicant.

2.2. It is further stated that, thereafter, as per the discussions with the Applicant, the complainant along with his nephew Aman on 03.10.2024 had come at South Ex-1, Near Metro Station, Gate No. 3 in Aman’s car to buy the said Gold at 30% discounted rate from one Deepak for Rs. 11 lakhs. It is stated that Deepak met the complainant and took him to an office in South Ext. where the Complainant handed over Rs. 11 lakhs to Deepak. It is stated that Deepak showed the complainant the Gold which was in a bag and thereafter, complainant was informed by Deepak that the Gold will be delivered at the car. It is stated that, thereafter, complainant along with his nephew Aman and Deepak as well as an associate of Deepak were walking back towards the car. The bag containing Rs. 11 lakhs was in the hand of Deepak and the bag containing Gold was in the hand of the associate of Deepak.

2.3. It is stated that while the complainant was walking back to the car, two men on a pulsar motorbike came towards them and they were dressed up in the uniform of the Police Man. It is stated that the man riding the pillion also appeared to be holding a pistol. It is stated that the man riding the pillion took away the bag containing the Gold from the associate of Deepak. And, both Deepak and the Complainant’s nephew Aman ran away and at this point, the two men on the motor cycle also chased Deepak and eventually Rs. 11 lakhs of the complainant were robbed.

2.4. It is submitted in the status report that after investigation, police officials have identified Deepak as accused known as Badshah Khan and the associate, who was carrying the bag of Gold as accused Arif Khan. The police have identified the two men who were dressed up as police men and riding the motor cycle as Sukhbir alias Kallu and Manoj alias Pahalwanji. The pistol which Manoj alias Pahalwanji was wearing has been identified as a toy gun.

2.5. It is stated that after receiving the complaint, CCTV footage of the area was examined and after investigation, the police identified the involvement of the aforesaid four men during the incident on 03.10.2024 as well as one Bobi Khan, Sifarish Khan and the Applicant herein. The police have, thus, found that there were atleast 7 persons involved in the conspiracy to loot the Rs. 11 lakhs of the Complainant.

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