Mumbai, July 18, 2022 – The Additional Sessions Judge A.A. Kulkarni (Court Room No. 24) granted bail to Subir Alok Dhar in connection with a kidnapping and extortion case registered at Pydhonie Police Station (Crime No. 698/2022). The court cited the delay in filing the FIR and the absence of a statement from the alleged kidnapping victim as key factors in its decision.

Background of the Case:

Subir Alok Dhar, a 52-year-old service professional residing in Andheri (East), was arrested for allegedly kidnapping and extorting Jignesh Shah. The complainant, Irshad Abdul Nabi Qureshi, alleged that Dhar called him on April 12, 2022, demanding payment of Rs. 11,00,000 due to Rajesh Gada. He further alleged that Dhar threatened to abduct him and sent threatening messages via WhatsApp. On April 13, 2022, Shah informed the complainant that Dhar had taken him to a hotel, assaulted him, and wrongfully restrained him. Shah also claimed that he was forced to call his wife to bring gold from their house, which was then extorted by Dhar. The FIR was lodged on May 31, 2022.

Arguments Presented:

Advocate Neetu Singh, representing Dhar, argued that her client was falsely implicated. She stated that Dhar merely mediated a transaction between the complainant, Shah, and Gada. She contended that Shah voluntarily gave his gold to Gada in lieu of the due amount. She highlighted the significant delay in filing the FIR and the fact that Shah did not come forward to lodge a complaint against Dhar. She also pointed out that the police had seized Rs. 4,66,500 from Dhar and that nothing further was to be recovered.

Additional Public Prosecutor (APP) Ratnavali Patil, representing the State, opposed the bail application. She argued that Dhar had committed the offense by conspiracy and that his release would lead to tampering of witnesses. She also stated that statements of independent witnesses were yet to be recorded.

Court’s Reasoning and Decision:

Judge Kulkarni, after reviewing the documents and submissions, noted the business transactions between the complainant, Shah, and Dhar. He observed that the complainant owed Rs. 11,00,000 to Dhar and that Shah was aware of all transactions.

“Though informant alleged that Jignesh Shah was kidnapped by applicant, there is no statement of Jignesh Shah to that extent,” Judge Kulkarni stated in his order. “The alleged amount in view of gold is seized by police. Nothing is remained to be seized at the instance of applicant.”

The court also considered the delay in lodging the FIR and the absence of a statement from Shah.

“In such circumstances, I am of the opinion that in view of delay in lodging of FIR, absence of statement of Jignesh Shah and business transactions, possibility of false implication due to business dispute cannot be ruled out,” Judge Kulkarni stated. “As the material investigation is completed, amount is seized, therefore, there is no need of detention of applicant for indefinite period.”

Consequently, the court granted bail to Subir Alok Dhar, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 25,000 with one or two sureties of the same amount.

The court imposed several conditions, including that Dhar must attend Pydhonie Police Station upon written notice, must provide his address and contact details, must not influence witnesses, and must not leave India without permission.

Implications and Significance:

This ruling highlights the court’s consideration of delays in filing FIRs and the importance of statements from alleged victims in bail matters. The decision underscores that when there is a significant delay and the alleged victim does not come forward to support the allegations, bail can be granted with appropriate conditions.

The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing conditions to address the prosecution’s concerns about potential witness tampering and flight risk.

The order was dated July 15, 2022, and uploaded on July 18, 2022, at 4:30 p.m.