Bail Appln. 2970/2021

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on

:

15.09.2021

%

Pronounced on :

20.09.2021

+

BAIL APPLN. 2970/2021

ANIL KUMAR RATHORE

…....Petitioner

Through:

Mr. Ramesh Gupta, Sr. Adv. with

Mr. Bharat Sharma, Advocate.

Versus

STATE (GOVT. OF NCT OF DELHI)

..... Respondent

Through:

Dr. MP Singh, APP for the State

With SI Sandeep Kumar, P.S. Rajouri

Garden.

Mr. K.K.Manan, Sr. Advocate with

Mr. Gaurav Kakar and Ms. Uditi Bali,

Advocates for the complainant.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

ORDER

RAJNISH BHATNAGAR, J.

1.

The present petition is filed by the petitioner under Section 438

Cr.P.C. seeking anticipatory bail in case FIR No. 582/2021 under Sections

387/120-B IPC registered at Police Station Rajouri Garden.

Digitally Signed By:KAMAL

KANT MENDIRATTA

Signing Date:24.09.2021

19:42

Signature Not Verified

Bail Appln. 2970/2021

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2.

Brief facts of the case are that on 07.07.2021 complainant received a

call on WhatsApp from one international number i.e. +1(250)9994923 on

his mobile number +919810373333. It is submitted that the complainant was

near Rajouri Garden Metro Station and was travelling from Defence Colony

via metro when he received the said call. He was terrified after receiving the

said call and was left numb for some time and he is under constant threat

even while making the instant complaint. The caller identified himself as

Kala Jatheri and said that “Tu sunny walia chattarpur wale ki bohot pairvi

sath dikha to, aur mere baare mein youtube pe check kar liyo.” He further

stated that, Sumit Walia @ Sunny is a resident of Farm no. 2, Silver Oak

Lane, Satbari, Mehrauli, Delhi and some illegal construction and plotting

was being done in adjacent farm no. 5, Silver Oak Lane, Satbari by Mr.

Amit Vaid and his associate Anil Rathore (petitioner herein). On the

complaint made by mother of Sumit Walia, illegal construction got

demolished by civil authorities and also FIR was registered against Amit

Vaid. He further submitted that the complainant had helped Sumit Walia to

get demolish the said illegal construction and they have hired the Gangster

Kala Jatheria and made call to him for extortion and life threat.

Digitally Signed By:KAMAL

KANT MENDIRATTA

Signing Date:24.09.2021

19:42

Signature Not Verified

Bail Appln. 2970/2021

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3.

I have heard learned senior counsel for the petitioner, learned APP for

the State and learned senior counsel for the complainant. I have also perused

the status report filed on behalf of the State.

4.

It is submitted by the learned senior counsel for the petitioner that

petitioner has been falsely implicated in this case, and he had not made any

telephone call. It is further submitted that petitioner is not directly linked to

the complainant but is known through the person namely Sumit Walia. It is

further submitted that complainant made the present complaint to DCP

concerned and not to the PCR, and the petitioner has no connection with the

alleged Kala Jatheria gang. It is further submitted by learned senior counsel

that petitioner had joined the investigation on 09.07.2021 and also gave his

statement to the concerned I.O. It is further submitted by the learned senior

counsel for the petitioner that the applicant/petitioner is an innocent person

and has clean past antecedents.

It is further submitted by learned senior

counsel for the petitioner that the wife of the petitioner had gone to police

station to hand over the mobile phone of the petitioner to IO. It is further

submitted by the learned senior counsel for the petitioner that Section 383

IPC is not applicable in the facts and circumstances of the present case as

the alleged extortion call has not resulted in delivery of goods i.e. transfer of

money, more so if the IO wanted to take out any information regarding the

alleged incident/call he could have interrogated the other person namely

Amit Vaid who is stated to be in judicial custody in Uttar Pradesh in another

case