Judgment (Oral)

1. The accused/applicant seeks regular bail in case FIR No. 309/2025 of PS Alipur for offence under Section 308(5)/3(5) BNS.

2. Despite last order, status report has not been filed. It is stated by learned APP for State that status report is lying under objections. The IO/SI Dimpy Gulia has appeared, but is not carrying even the original investigation file, what to say of Case Diaries. It is stated by the IO that main chargesheet has already been filed and subsequent investigation is being carried out, but he cannot give any reason for not producing the file of the subsequent investigation.

3. From the aforesaid, it appears that the State has no serious objection in granting bail to the accused/applicant.

4. However, I have heard learned counsel for accused/applicant and learned APP for State.

5. Learned counsel for accused/applicant has taken me through the material already on record, including the reply to bail application filed by police before the Court of Sessions.

6. In view of the reply filed before the Court of Sessions, the IO is called upon to show the WhatsApp chats/text messages/voice messages evidencing the alleged extortion demands. The IO produces photocopies of the chargesheet, but none of those contain any WhatsApp chats or text messages or voice messages of any kind, what to say of any extortion demands or death threats. The IO is also unable to explain as to whether he investigated the cause of delay of more than one month in lodging the complaint; as mentioned in the last order, the alleged threats were extended on 04.05.2025, but the written complaint was submitted on 12.06.2025.

7. Learned APP for State, on instructions of the IO, fairly admits that the accused/applicant was not known to the complainant de facto, but no Test Identification Parade was carried out. According to prosecution case, the accused/applicant and co-accused Manjeet and Nishant personally met the complainant de facto and made him speak over phone with the main accused Yogesh @ Tunda, stated to be in Tihar Jail. In this regard, IO submits that three mobile phones were recovered in this case, but none of those had any call logs pertaining to any phone call made to Yogesh @ Tunda.

8. Considering the above circumstances, I do not find any reason to deprive further liberty to the accused/applicant. Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court.

9. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.

10. Of course, nothing observed in this order shall be read to the prejudice of either side at the final stage of the trial.