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2023 Supreme(Del) 4803

AMIT MAHAJAN
Harish Tiwari – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Mohit Mathur, Senior Advocate with Mr. Pranav Mehta, Mr. Aseem Atwal and Mr. Harsh Gautam, Advocates, for the Applicant.
Mr. Manjeet Arya, APP for the State with Inspector Manjeet Singh, PS Punjabi Bagh.
Mr. Anupam S. Sharrma, Mr. Pankaj Gupta, Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Ripudaman Sharma and Mr. Abhishek Batra, Advocates for the Complainant.

JUDGMENT

Amit Mahajan, J.

CRL.M.A. 16502/2023 (exemption from filing certified/ legible copies, true typed/translated copies with proper margins of the annexures)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

BAIL APPLN. 2064/2023 & CRL.M.A. 16501/2023

3. The applicant has filed the present application under Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") read with Section 436-A of the Cr.P.C. praying, inter alia, for the grant of regular bail in FIR No. 495/2017, dated 16.09.2017 under Sections 384/389/411/120-B/34 of the Indian Penal Code, 1860 (IPC), registered at police station Punjabi Bagh, Delhi.

Brief Facts

4. The FIR was registered on a complaint given by one Mr. Basudev Agarwal against the applicant/ accused and others alleging the extortion of huge amounts of money from the complainant over the period of 12-13 years.

5. It was alleged that accused persons have done this on the pretext of implicating the complainant in false and frivolous criminal cases and also defaming him publicly.

6. It was alleged that accused persons, were blackmailing the complainant in order to commit extortion by threatening to bring

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