Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38208 of 2019 Applicant :- Zaheer Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Milan Dwivedi Counsel for Opposite Party :- G.A.,Dinesh Kumar Rai
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant as well as learned private counsel for informant and learned AGA for the State over application moved u/s 438 Cr.P.C. for grant of anticipatory bail to applicant Zaheer in Case Crime No. 604 of 2019, u/s 386, 500, 506 I.P.C., P.S. Kotwali Dehat, District Bulandshahar.
Learned counsel for applicant argued that applicant is not named in the F.I.R. Rather it was got lodged against Nadeem Khan. Subsequently name of applicant was developed. The offence of extortion is provided u/s 383 I.P.C. punishable u/s 384 I.P.C. No offence punishable u/s 386 I.P.C. is made out on the basis of contention made by the prosecution. Applicant is of no criminal antecedent and he is of no concern with above offence. His anticipatory bail was rejected by learned Sessions Judge, Bulandshahar, without observing the contention raised before him in anticipatory bail application. Bail during investigation has been prayed for.
Learned counsel for the informant firstly opposed that father and applicant, who has given affidavit, is one and same, which is apparently incorrect.
Perusal of affidavit shows that in place of "Wazeer" it has been written as "Zazeer" and the applicant is Zaheer. Hence it appears typing error. It appears that in place of "W" letter "Z" has been typed out. It does not affect the merits of case.
Offence under section 383 I.P.C. is for extortion by way of putting any person under fear of injury or danger to life to that person or to any other or property and with a view to have extortion gets delivery of any property or valuable security, which is punishable u/s 384 I.P.C. Whereas section 386 I.P.C. is graver form of extortion, wherein by putting a person under threat gets delivery of property, under demand, or money or valuable security. In the present case F.I.R. was lodged by informants Wasik Azad and Vivek Mittal alias Rinku as Case Crime No. 604 of 2019 at P.S. Kotwali Dehat, District Bulandshahar, against Nadeem, a news editor, for blackmailing and demanding Rs. 5 lacs otherwise to flash a fake and fabricated news involving the informants. In case of non- payment of the same, fake news on whatsapp was viraled resulting damage to repute of informants. Then after pressure was exercised for fulfilling demand. On 31.7.2019 Nadeem Khan went to the informants where he demanded remaining amount with extension of previous threat and threat of killing with abuse was extended. This was recorded by the informants, as has been written in the F.I.R. There is a group of persons involved in preparing such type of fake news and flashing the same with a view to have money and making extortion, as has been complained in the F.I.R. Case diary reveals that subsequent investigation is having name of applicant for making such demand and extortion. Under all above facts and circumstances, heinousness of offence by such mode and considering the nature and gravity of accusation, possibility of applicant's fleeing from justice, interfering in the investigation and tampering with the evidence, no ground for grant of anticipatory bail is made out.
Rejected accordingly.
Order Date :- 26.9.2019 Pcl