Final Order 1

Order Details: COPY OF ORDER
Pdf Text: State vs. Anuj Srivastava
Bail Matters no.2154/2022
FIR No.50/2022
PS : Cyber New Delhi
12.12.2022
Present : Sh.Dharam Chand, ld. Addl. PP for State with SI
Chander Shekhar.
Sh.Jalaj Agarwal and Sh.Pritpal Singh, ld. Counsels
for accused/applicant.
This is second bail application of accused Anuj Srivastava.
It is submitted by ld. Counsel for the accused/applicant that
charge sheet in the matter has already been filed. Accused is
stated to be in judicial custody for more than three months and no
more required in the investigation. He submits that other co-
accused have already been granted bail.
Ld. Addl. PP for the State on the other hand opposed the
bail application by submitting that case of co-accused is
altogether different than the present applicant. He submits that as
per case of prosecution a sum of Rs.4 lakhs has been credited in
the account of accused out of extortion money from the
complainant. He submits that there is grave nature of offence as
the complainant was extorted money on the pretext of falsely
implicating him in a case of rape.
As per prosecution story complainant gave a complaint on
21.08.2022 to Cyber Police Station alleging therein that on
15.08.2022 he received a call from a lady introducing herself to
be Priyanka Rathore, said call was a WhatsApp call from the
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mobile number as mentioned in the FIR, complainant states that
since he could not recognize the caller therefore the call was
disconnected and thereafter he received another call. It is stated
that later from that number nude pictures/videos started coming
on WhatsApp and demand was made for depositing money,
failing which complainant would be falsely implicated.
Complainant states that he was at the age of 85 years when he
received such calls and threats, out of fear and bad name in the
society he succumbed to extortion and started depositing money.
However over the passage of time when huge amount of money
was taken from the complainant, complainant lodged the present
complaint giving all the details of transfer of money to different
banks.
Having considered the submissions and taking note of the
fact that accused/applicant is in judicial custody for last three
months and no more required in the investigation. It is settled
law that bail cannot be denied by taking merits into consideration
as a punishment, whereas bail is a rule and denial thereof is an
exception. Taking into consideration period of custody of the
accused, accused/applicant is admitted to bail upon furnishing of
personal bond in the sum of Rs.30,000/- with one surety in the
like amount to the satisfaction of court concerned, subject to
following conditions :
(i)Accused/applicant shall not leave the country without
prior permission of court.
(ii)Accused/applicant shall not influence or contact the
witnesses.
(iii)Accused/applicant shall not tamper with evidence.
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(iv)Accused/applicant shall attend the court on each day of
hearing.
With above observations, bail application stands disposed
off.
( Shailender Malik )
ASJ/NDD/PHC/ND/12.12.2022
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