JUDGMENT

C. Hari Shankar, J. These are applications for regular bail, filed by the accused in FIR No. 495/2017 dated 16th September, 2017, registered at PS Punjabi Bagh.

2. Consequent on investigations pursuant to the aforementioned FIR, charge sheet, dated 21st December, 2017, was filed before the learned Metropolitan Magistrate (hereinafter referred to as "the learned MM"), Tis Hazari Courts.

3. In order to appreciate the nature of the case, as was sought to be built up by the prosecution against the three applicants, it would be apposite to set out the facts, as recited/alleged in the charge sheet itself.

Case of the prosecution as set out in the charge sheet

4. The proceedings commenced from a complaint dated 6th September, 2017, by a 90 year-old man, Basu Dev Aggarwal (hereinafter referred to as "the complainant"). In the said complaint, the complainant alleged that the present applicants, amongst others, had been repeatedly extorting money from him, over a period of twelve to thirteen years, threatening to publicize morphed photographs, depicting the complainant in a compromising position with a particular lady named Pooja with whom, the complainant would allege, he had no relationship whatsoever. In his complaint, the complainant stated that Harish Tiwari (one of the applicants before me) introduced himself, to the complainant, as an advocate, and stated that a certain lady had objectionable documents, which could compromise the complainant, whereupon, in order to buy peace, the complainant paid "a small amount" to Harish Tiwari. Two to three years later, it was alleged that Harish Tiwari again met the complainant, stating, this time, that Subhash Sharma (another applicant before me) had told him something against the complainant, which persuaded the complainant to, once again, pay him a small amount " to avoid nonsense". The complainant further alleged that Harish Tiwari took money from him for filing a case, but never did so, and insisted that he had never met Subhash Sharma. Sometime later, the complaint alleged, Subhash Sharma again met Harish Tiwari and asked for more money. This pattern of blackmail and extortion continued periodically at six to eight monthly intervals. During the said period, it was alleged that Subhash Sharma introduced one more extortionist, Ashok Sagar (the third applicant before me) with the same story, this time stating that Ashok Sagar was a crime reporter, who was required to be paid in order to restrain him from publishing incriminating material, against the complainant, in the media. In this manner, the complaint alleged, the complainant paid, to Harish Tiwari and Ashok Sagar, Rs.12 to 14 lakhs, over a period of two years through his driver Lalit Rai. All payments, whether intended for Harish Tiwari or Ashok Sagar were made in the office of Harish Tiwari. It was further alleged that, a few days prior to the complaint, Harish Tiwari met the complainant and introduced yet another player, Ramphal, who, he stated, was also in possession of a letter, written by Pooja, containing allegations against the complainant. Though Harish Tiwari, at that time, said that Ramphal would be the last extortionist, he, later, again approached the complainant, stating that Ashok Sagar wanted more money. The complaint went on to give details of the only lady named Pooja, of whom the complainant was aware, who was the ex. wife of one J.D. Gupta. The complainant categorically denied having any illicit relationship with Pooja, and stated that he had, over the aforementioned period of twelve to thirteen years, been subjected to repeated blackmail and extortion, by Harish Tiwari and his confederates including Ashok Sagar, Subhash Sharma and others. In the circumstances, the complaint extorted the police authorities to protect the complainant, who was a man of advanced years suffering from various physical ailments, and to proceed, in law, against the aforementioned blackmailers/extortionists.

5. On the basi