The entitlement to bail under Section 436A of Cr.P.C. and the liberty granted by the Supreme Court to file a fresh bail application if the trial extends beyond six months of the dismissal of the previous application.

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 into the public domain, some fake, doctored and morphed photos and video clippings which reportedly showed the complainant in very awkward and embarrassed positions with certain women. The complainant alleged that about 13-14 years back, the applicant came to the office of the complainant and introduced himself as an advocate/legal advisor. After a few months, the applicant falsely represented to the complainant that he had met with one lady in possession of some objectionable documents and suggested the complainant to pay a small amount in order to protect his reputation and to avoid any unnecessary tarnishing of his image.

7. It was further alleged that the applicant then started introducing the complainant to different extortionists at varied intervals under the same context, one of which is Mr. Subhash Sharma who is also a member of the black mailer's gang and had on earlier occasions, was awarded jail in one of such matters.

8. It was alleged that the applicant again falsely represented to the complainant that he had met with one Mr. Ashok Kumar Sagar and told him that he also needs money from the complainant. The applicant made the complainant meet Mr. Ashok Sagar and he agreed to pay them a total amount of Rs. 12 to 14 lacs as an extortion amount divided in monthly installments for over 2 years. This money was paid through his driver Lalit Rai at Harish Tiwari's office at D-28, Hauz Khan. New Delhi. It is further alleged that all the money was paid to Ashok Sagar through Harish Tiwari only.

9. The present FIR No. 495/2017 was thereafter registered on 16.09.2017 under Sections 384/389/34/120B of the IPC at police station Punjabi Bagh.

10. The applicant was arrested on 23.10.2017 and is stated to be in custody since then barring the number of days that he was released on interim bail. The charges were framed against the applicant on 31.05.2018 under Sections 384/389/411/120B of the IPC. The trial is stated to be pending before the learned Trial Court.

11. The applicant has admittedly spent more than three years in incarceration since the date of his arrest.

12. Learned senior counsel appearing for the applicant submits that the bail applications filed on earlier occasions were dismissed by not only the learned Trial Court but by this Court on merits. The last bail application filed by the applicant was dismissed by order dated 13.10.2022 passed by the coordinate Bench of this Court in Bail Appl. 511/2022.

13. He submits that the order dated 13.10.2022 was challenged by the applicant by filing a Special Leave Petition before the Hon'ble Supreme Court, which was dismissed in limine. The Hon'ble Supreme Court had directed the learned Trial Court to conclude the trial within a period of six months from the date and in case of delay in the co