Delhi High Court
Md. Nauman vs The State (Govt. Of Nct) Delhi on 27 September, 2013
Author: Veena Birbal
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1250/2013
Date of Decision: September 27, 2013
MD. NAUMAN ..... Petitioner
Through: Mr. Kanhaiya Singhal, Adv. (DHCLSC)
along with petitioner in person.
versus
THE STATE (GOVT. OF NCT) DELHI ..... Respondent
Through: Mr. P.K. Sharma, SC for CBI with
Mr. Bakul Jain & Mr. A.K. Singh, Adv.
for CBI.
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
VEENA BIRBAL, J.
1. This is an application filed by the petitioner under Section 439 of Cr.P.C.
in FIR No. RC 221/2011/E0010 under Section 364A/368/388/120B IPC for
the grant of bail.
2. Learned counsel for petitioner has submitted that the petitioner is an
innocent person and has been falsely implicated in the present case. It is
submitted that there is no role of the petitioner in the kidnapping of two
businessmen, namely, Anandan and A.G.Lenin. It is submitted that there is
no role of petitioner in confining the aforesaid two persons or even in the
extortion of ` 25 lakhs as is alleged. Learned counsel submits that as per
prosecution case, alleged ransom amount of ` 25 lakhs was deposited in the
account of M/s Perfect Diamond, proprietor accused Grijesh Chandra @
Kamalkar in Corporation Bank, Karol Bagh. Further allegations are that the
introduction for opening the said account of M/s Perfect Diamond was given in
the bank by the petitioner. Further allegations are that the petitioner had gone
to the said Bank with accused Grijesh Chandra @ Kamalkar for the release of
said amount on 26.11.2011. It is further submitted that the case is at the stage
of prosecution evidence. The witnesses relating to the petitioner have already
been examined. It is submitted that petitioner is also suffering from post burn
deformities in both his hands and due to that he is suffering from skin
infections and is being sent for treatment to Government hospitals from the Jail.
However, there is no improvement. It is further submitted that due to post burn
deformities, petitioner has suffered 65% disability and the petitioner requires
treatment from some good hospital. Ld.counsel submits that considering the
allegations against the petitioner as well as his medical conditions, the
petitioner be released on bail.
3. Learned counsel appearing for CBI has opposed the bail application. It
is submitted that the accused is facing trial for heinous offences. The charge
sheet has been filed against him and co-accused persons under Section
364A/368/388/120B IPC. The offences alleged against him are serious in
nature with severe punishment. Learned counsel submits that the petitioner is a
part of the gang which is indulging in the commission of offences of criminal
conspiracy of kidnapping, wrongfully keeping in confinement and extortion by
putting a person in fear of death or grievous hurt and ransom.
4. In the present case, the allegations against the petitioner are that he along
with other co-accused persons had kidnapped the victims A.G. Lenin and
Anandan for ransom and wrongfully kept them in confinement. It is alleged
that the victims A.G. Lenin and Anandan were brought to Delhi in the third
week of November, 2011 by two co-accused persons of the present case on the
pretext of doing business of yarn at cheaper rates. It is alleged that after
bringing them to Delhi they were kept in a premises C-2, Block A-3, Mohan
Garden, New Delhi where they were manhandled and `73,000/- was extorted
from them and the victims were threatened for arranging ` 25 lacs and to
transfer the same into bank account controlled by the three co-accused persons
in the present case. Further allegations are that the present petitioner has
played a role in opening the account of M/s Perfect Diamond proprietor
Grijesh Chandra @ Kamalkar, i.e., the co-accused and the account was opened
in the Corporation Bank, Karol Bagh Branch. It is alleged that the present
petitioner has introduced the said Grijesh Chandra @ Kamalkar to the Bank for
opening of the said account in the name of M/s Perfect Diamond. Further, the
allegations are that on 26.11.2011, the present petitioner had gone with the co-
accused Grijesh Chandra @ Kamalkar at the said branch for withdrawal of
amount of `25 lakh which was deposited by the family members of the victims
in the aforesaid account. It is alleged that the bank officials did not allow the
withdrawal of said amount and had asked them to produce the proof of
transaction for which the money had come in the account of M/s Perfect
Diamond. Further allegations are that there is a video footage of the
Corporation Bank, Karol Bagh for 26.11.2011 wherein the present petitioner
has also been shown with two other co-accused persons of the present case who
had gone to the bank for the withdrawal of the aforesaid amount. Further
allegations are that a blank signed cheque of M/s Perfect Diamond has been
recovered from the premises of the present petitioner.
5. The medical status report of the petitioner has also been called from the
Jail and has been perused which shows that he is permanently disabled by 65%
due to post burn deformities. The learned counsel appearing for CBI submits
that even at the time of commission of alleged occurrence, the accused was
suffering from the said disability. It is further pointed out that petitioner
suffered in an accident way back in 2002 and due to that has disability since
then. Regarding skin infections, the medical report sent by Jail Superintendent
shows that the petitioner has been taken from the Jail to Government hospital
and is being provided necessary treatment.
6. The alleged offences are heinous in nature where punishment provided is
quite stringent. The evidence of the prosecution is going on. Some important
public witnesses are still to be examined. Considering the gravity of the
offence, present is not a fit case for the grant of bail.
Application is rejected.
VEENA BIRBAL, J
SEPTEMBER 27, 2013
kks
