Court junks bail plea of man posing as IT official to conduct fake raid to extort money

New Delhi [India], August 8 : A Delhi court on Monday dismissed the bail application of one of the seven accused, who posed as an Income Tax Official and conducted a fake raid in order to extort money from the complainant.
The Dwarka District Court dismissed the bail plea in view of the seriousness and gravity of the alleged offence. The court also said the Delhi police has not invoked sections related to dacoity as one of the accused is a police constable.
Metropolitan magistrate Bharti Beniwal dismissed the bail application of Ravinder Kumar after taking note of the gravity of the alleged offences and his previous involvement in another case.
The magistrate observed, "I have perused the complaint carefully. Investigating agency has registered an FIR under Section 385/452/34 IPC. Contents of the complaint and FIR clearly show the commission of the offence of dacoity and other serious offences."
"It is apparent that why the Delhi Police has not invoked the relevant sections as one of the accused persons is a Delhi Police constable," the magistrate added.
The court dismissed the plea saying, "I have read the complaint as well as the FIR, seen the CCTV footage of inside and outside the house and it is apparent that it not a simple case of extortion."
The court observed, "In view of the facts of the case and keeping in mind the CCTV footage placed on record by the complainant, it is the case where extortion has become robbery."
"Here, the offenders, at the time of committing the extortion, were in the presence of the persons put in fear and committed/ attempted to commit the extortion by putting those persons in instant wrongful restraint and by, so putting in fear, induced/attempted to induce the person so put in fear then and there to deliver up the things extorted. And since 7 persons conjointly attempted to commit a robbery, it becomes a case of dacoity, " the magistrate observed.
The court stated further, "Be that as it may, the investigating agency has merely registered a case under Section 385/452/34 IPC but it does not absolve the court from considering the totality of the facts and taking note of offence which have actually been committed. The court cannot be a silent spectator while considering the present bail application."
In the present case, the allegations against the accused/applicant are grave and serious in nature and it cannot be inferred from the section invoked by the investigating agency that the same are not serious in nature, the court ruled.
"Considering the totality of facts and circumstances including the seriousness of the offences and its ramifications, I do not deem it fit to allow the instant application. Consequently, bail
application stands dismissed," the court said on Monday.
The court said it is a settled proposition of law that no person can be deprived of his life and personal liberty except according to the procedure established by law but at the same time, it is for the courts to strike a balance between the interest of society in general and right of accused to personal liberty.
"Also, keeping in mind the previous involvement of applicant/accused Ravinder, this court is of the opinion that admitting the accused on bail may hamper the investigation and the possibility of him influencing/threatening the witnesses or chances of absconding cannot be ruled out," the court said in the order on August 7.
Further, as per the FIR, it has been alleged that on August 1, around 8.30 am, 7 persons posing  as Income Tax Officers trespassed into the house of the complainant and conducted a fake raid, threatening the family members with a complainant unless they part with a certain amount in order to settle the matter.