Ghaziabad Court Denies Bail to Accused in Extortion and Attempted Murder Case
An additional sessions court in Ghaziabad on Tuesday firmly rejected the bail plea of Yash Joshi, a resident of Vijay Nagar, who stands accused in a serious case involving extortion and the attempted murder of an elderly man employed at a local wine shop. The court's decision underscores the gravity of the allegations and the strength of the evidence presented by investigators.
Key Evidence and Court Observations
Judge Vinod Singh Rawat, presiding over the case, highlighted that investigators had successfully traced the ransom demand directly to Joshi's mobile number. This digital evidence was deemed crucial in the court's ruling to deny bail. The judge emphasized that there is currently no sufficient basis to release Joshi, noting that the victim, Kailash Singh alias Bhati, remains under medical treatment and is not in a position to provide a statement at this time.
Joshi, who has been incarcerated since January 25, maintained his innocence during the proceedings. His defense argued that he was not named in the original First Information Report (FIR) and claimed he was present in his residential society when the incident occurred. However, the prosecution countered this by presenting evidence linking Joshi to the crime.
Background of the Case
The case dates back to January 21, when Kailash Singh, a resident of Amroha, was abducted outside the wine shop where he worked in Sidharth Vihar. The incident took a dark turn when the kidnappers allegedly contacted Bhati's friend, Sunil Kumar, demanding a ransom of Rs 25,000. The money was to be paid to a number associated with an individual referred to as Choudhary Sahab.
Sunil promptly informed Bhati's son, Pankaj, about the threatening call. Pankaj, acting out of desperation to secure his father's release, made the payment as demanded. Tragically, despite the ransom being paid, Bhati was brutally assaulted and left on the road. He was later rescued by Sunil with the assistance of passersby and admitted to a hospital, where he is reported to be in a critical condition.
Legal Proceedings and Charges
Based on a formal complaint filed by Pankaj on January 23 against unidentified criminals, an FIR was registered under multiple sections of the Bharatiya Nyaya Sanhita (BNS). The charges include:
- Section 115(2): Voluntarily causing hurt
- Section 352: Intentional insults intended to provoke a breach of public peace
- Section 351(2): Criminal intimidation
- Section 308(5): Extortion
- Section 110: Attempt to commit culpable homicide
- Section 61(2): Applied when there is no specific section
Joshi's involvement came to light during the police investigation, which revealed that he had communicated with other co-accused individuals prior to the incident. Furthermore, investigators discovered that an amount of Rs 25,000 had been deposited online into Joshi's account, adding a financial trail to the evidence.
Arguments from Both Sides
The prosecution counsel asserted that Joshi, along with his co-accused, played a direct role in severely assaulting Bhati, inflicting serious injuries that have left the victim fighting for his life. This violent act forms the core of the attempted murder charge.
In defense, counsel Gaurav Pokhriyal presented a different narrative. He claimed that on January 23, Joshi was summoned to the police station under the pretext of questioning, where he was allegedly illegally detained. According to the defense, money was demanded for his release, suggesting potential misconduct in the handling of the case.
The court, however, found the evidence against Joshi compelling enough to warrant continued detention as the legal process unfolds. The rejection of bail reflects the judiciary's cautious approach in cases involving violent crimes and substantial proof.
