JUDGEMENT
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(1.)By the present application, the applicant seek his release on bail on being charge-sheeted in MCOC case which is
pending before the Special Judge, District Thane and numbered
as Special Case No.10 of 2017.
(2.)Heard Mr.Nitin Sejpal, Learned counsel for the applicant and Ms. S.S. Kaushik, learned APP for the State.
(3.)The complainant, who is engaged in the business of Holiday Membership Commission Agent at Talasari police station
lodged a complaint on 19/7/2016 alleging that he is resident
of the address given in the complaint and on 18/7/2016, when
he returned to his house along with his family at around 7.30 to
8.00 p.m, all the lights in the house were SWITCHED on. He also stated that there are CCTV cameras fitted in the precinct of
his house but they are switched off during the day and after 9'O
clock, they are switched on.
After he returned home on the said day, his parents
and his niece were watching Television and his wife was engaged
in cooking. At that time, he had gone on the first floor for having
bath. Three to four unknown persons arrived at his door and
inquired from his niece about the applicant. His niece
approached his room and informed him that some persons have
come to meet him. At the very relevant time, three unknown
persons in the age group of 25 - 30 years followed by his mother
and wife also arrived in the room. He gave description of the said
persons as one wearing black shirt and being masked, holding
knife, the other person wearing red t-shirt and one who was little
lean, had kept his face open and was armed with a knife. The
person with red shirt and having black colour mask on his face
was armed with a pistol. They demanded money from him by
brandishing the weapons at him, and asked for the keys of the
locker. At that time, the complainant pleaded before them not to
cause any harm to him or his family and they can take whatever
valuables are there in the house. He himself handed over an
amount of Rs. 30,000.00 + Rs. 10,000.00. They were repeatedly
asking the complainant where he had concealed Rs. One crore and
when he did not relent to their demand, they assaulted him. His
mother and wife were made to sit down and their hands were tied
and mouth fixed by a tape. The assailants thereafter opened the
almirah and took away gold ornaments worth Rs. 3,25,000/- and
his mobile phone of Samsung Company and also took along with
them the keys of his jeep. Being scared by the unprecedented
incident, his wife somehow managed to get freed and rescued the
complainant and his mother and thereafter switched on the
button of the CCTV camera. When the complainant was in
search of his son Siddhant, he along with his niece Lalita were
seated on the sofa set and were being guarded by one person and
his father was locked into the bathroom.
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