ORDER :

1. Apprehending the arrest in connection with FIR being C.R.No.11205043221038 of 2022, registered with B- Division Police Station, Bhuj, Dist.: Kutch for the offences punishable under Sections 387, 389, 120B, 34 and 201 of the Indian Penal Code, applicant – Sambhubhai Joshi accused no.6 seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973.

2. This Court has heard learned Senior Counsel Mr.Y.N. Oza assisted by Ms.Aishwarya Chaudhary, learned counsel appearing for and on behalf of the applicant, Mr.Sudhir Nanavati, learned Senior Counsel assisted by Mr.Digant Kakkar and Mr.J.D. Ruparelia appearing for and on behalf of original informant and Ms.Asmita Patel, learned APP for the respondent – State.

3. Facts of the case as are relevant for the deciding the present anticipatory bail application are that, present applicant Mr.Sambhubhai Joshi has been arraigned as accused no.7 in the alleged act of criminal conspiracy, extortion.

Accused no.1 Asha Ghori and her aid, accused nos.2 and 3 have been charged of demanding of Rs.10 crores from the informant businessman, after allegedly honey trapping him in the town referred in the FIR. As per the case of the prosecution, accused no.1 – lady Asha Ghori came into contact with the informant – Anant Tanna through social media whats’app and accordingly, the informant reserved one room at Hotel Furn at Bhuj for meeting with her. The informant went to the hotel and maintained physical relationship with her and paid Rs.20,000/-. Accused no.1- lady, on the next day, asked the informant to book her ticket for Vadodara town and after reaching at Vadodara, she had demanded Rs.50,000/-, which was not accepted by the informant. Subsequently, in the month of July-2020, the informant received a phone call from accused no.2 Vinay Reylon and he had informed that he is having recorded video clip of him showing the objectionable contents therein. The informant told him to meet personally. The meeting was arranged. In the meeting, accused no.2-Vinay Reylon and accused no.3-Haresh Kanthecha, saw him the video clip on laptop and asked the informant to settle the issue with accused no.1 and if he will not settle, then they will circulate the video clip in the social media. The informant had asked them what amount he has to pay for the settlement, for which they said that, the figure would be worked out later on. Meanwhile, the informant realized that he was trapped by accused nos.1 to 3 in the said honey trap and it is a case of extortion and blackmailing. Thereafter, accused no.3 informed the informant that the matter was referred to him by one Jayantibhai Thakkar, and therefore, for settlement of the matter, he has contacted him. After some days, the informant got a phone-call from accused no.5-Manish Mehta resident of Village Anjar and he told him that for the settlement of the matter, meeting with Ramesh Joshi, resident of Mumbai is necessary. Thereafter, news of the matter was published in the daily newspaper “Divyabhaskar”, wherein the police of Anjar was asked to inquire in the matter by one NGO namely Kutch Ladayak Manch, run by accused no.6-Ramesh Joshi. Ramesh Joshi is the permanent resident of Mumbai Kandiwali and originally he belongs to Kutch region and also holding the post of one charitable trust. Pursuant to the news article, accused-Manish Mehta contacted the informant and told him that Ramesh Joshi would solve the matter and meeting with him at Mumbai is necessary. However, the informant was not agreed to meet him as the factum of incident has already been disclosed in the social media. Meanwhile, the informant had also conversed with accused no.1 lady and she was insisted for settlement of the issue through mediation. Accused no.5-Manish Mehta is very much close to accused no.7-Sambhubhai Joshi, who happened to be a real brother of accused no.6 Ramesh Joshi. Accused no.5- Manish Mehta, in the presence of the informant, made a conversation on his phone call with th