New Delhi, Sep 17 A Delhi court has granted bail to a man accused in an alleged extortion-cum-abduction case, saying that his arrest was "completely inappropriate" and directed that the conduct of the investigating officer (IO) be brought to the notice of the concerned deputy commissioner of police (DCP).
Additional Sessions Judge Balwinder Singh was hearing a bail plea filed by Zuber Khan, who was arrested in connection with the alleged abduction of complainant Devender Singh, and allowed the plea.
It also directed that the conduct of the IO be brought to the notice of the DCP, North East, for information and necessary action.
In an order dated September 16, the court said, "The manner in which the IO of the case has also acted is completely inappropriate and instead of the fact that the applicant/ accused should have been made a witness to corroborate the allegation regarding the payment of the ransom amount by the complainant to the main accused."
"He was inappropriately made an accused in the present case; let the conduct of the IO be also brought to the notice of the DCP concerned," the order added.
Khan was accused in an FIR registered at Sonia Vihar police station under BNS sections 140(2) (kidnapping or abduction for ransom), 308(5) (extortion by putting in fear of death or grievous hurt), 61 (criminal conspiracy) and 3(5) (joint liability).
The court observed that, instead of making Khan a witness to corroborate the allegation regarding payment of the ransom amount by the complainant to the main accused, the IO had "inappropriately" made him an accused in the case.
The court noted that the FIR did not indicate that Khan was involved in the alleged abduction or made any extortion demand or received any ransom amount from him.
It also noted that the complainant's supplementary statement was "completely silent" regarding Khan's alleged involvement and did not show that he had received any ransom amount as a beneficiary.
The complainant, who was present in court, did not oppose Khan's bail and categorically stated that he was not involved in the alleged incident.
According to the complainant's version recorded in the order, the main accused, Jaspreet alias Bunny, had demanded Rs 5 lakh from him and, at his instance, called Khan so that the complainant could arrange the money.
The complainant further said that he never handed over money to Khan but the amount was directly received by Bunny.
The court also noted that according to the supplementary statement, Rs 2 lakh was handed over by the complainant to Khan only to be passed on to Bunny, which Khan allegedly did. Thereafter, the complainant and Khan were again made to sit in Bunny's car and were later dropped near ISBT at Monastery Market.
"Considering the above said position and the categorical submissions of the complainant made in the court, the court does not find any reason not to allow the present application. The bail application filed on behalf of applicant/ accused accordingly stands allowed," the judge said.
Khan was directed to furnish a personal bond of Rs 20,000 with one surety of the same amount. He was also barred from leaving the country without the court's permission and directed not to tamper with evidence or influence witnesses.
The court clarified that its observations in the bail order would not amount to an expression of opinion on the merits of the case.
