Delhi court grants bail to man accused in kidnapping case involving Vikas Yadav

New Delhi: A Delhi court has granted bail to a co-accused in the extortion and kidnapping case involving Vikas Yadav, a former Indian government official charged by the US authorities for his alleged role in a foiled plot to assassinate Sikh separatist Gurpatwant Singh Pannun on American soil.

Additional Sessions Judge Saurabh Partap Singh Laler, who was hearing the bail plea of Jalaluddin alias Sameer, said that there was undisputed evidence of the complainant and the accused travelling together to Thailand, merely three weeks after registration of the FIR on January 6, 2024, creating a prima facie doubt.

In its order dated July 23, the court noted that the complainant, Raj Kumar Walia, alleged that he was kidnapped, assaulted, and robbed by co-accused Vikas Yadav and Abdullah Khan on December 17, 2023, where Yadav claimed to be acting on behalf of the Lawrence Bishnoi gang.

"The complainant (Walia) stated that he was forced to make a video call to the applicant/accused (Jalaluddin), who was purportedly based in Dubai, demanding hawala payments. The complainant was allegedly injected with a substance, beaten, and robbed of valuables, including cash, jewellery, and cheques," the court noted.

It noted that the Delhi Police's special cell then registered an FIR invoking charges of kidnapping for ransom, attempt to murder, criminal intimidation, robbery, criminal conspiracy, and violations under the Arms Act.

The court noted that Yadav and Khan were arrested earlier and certain recoveries were made at their instance, but Jalaluddin was arrested on July 1 this year for his alleged role in the criminal conspiracy.

Jalauddin's counsel told the court that his client and Walia travelled to Thailand on the same day on January 6, 2024, shortly after the FIR was lodged on December 17, 2023, and this fact was not disclosed by the complainant to the Investigating Officer (IO) or the court at any stage.

After examining the relevant passport pages, the court said, "The passport entries unequivocally confirm that both the complainant and the applicant arrived at Thailand on January 6, 2024.

"The complainant's passport shows his arrival in Thailand on that date, and the applicant's passport and flight tickets corroborate the same." It said that while the photographs of Jalaluddin and Walia together, along with WhatsApp communications, were disputed by the complainant by alleging manipulation, the passport details were "undisputed and form objective evidence." The court said that despite repeated queries, Walia failed to explain the simultaneous travel to Thailand.

It said Jaluddin's role was primarily conspiratorial, no recoveries had been effected from him, the investigation regarding him was complete, he had no prior criminal record, and he also assured compliance with court conditions.

"However, the pivotal factor tilting the balance in favour of bail is the undisputed fact of the post-FIR travel to Thailand by both the complainant and the applicant. This occurrence, merely three weeks after the FIR, raises serious questions about the complainant's conduct and the credibility of his allegations," the court said.

It said Walia was duty-bound to disclose this material fact to the IO and the court, as it directly impacted the prosecution's case.

"His (Walia's) failure to do so, coupled with the lack of any plausible explanation despite court queries, suggests possible suppression of facts. While the disputed photographs and communications require forensic verification at trial, the passport evidence alone creates a prima facie doubt regarding the complainant's version, sufficient to justify bail at this stage," the court said.

It granted him bail on furnishing a bail bond and two surety bonds of Rs 1 lakh each and subject to several other conditions, including not tampering with evidence, not contacting the complainant and cooperating for expeditious disposal of the case.

A chargesheet has already been filed against Jalauddin, and the matter has been fixed for further proceedings on August 25.