IMPORTANT POINT
The court established that habitual offenders of extortion pose a significant risk to justice and witnesses, justifying the denial of bail.

ORDER :

Rajendra Prakash Soni, J.

1. Arrested in furtherance of FIR No.250/2024, registered at Police Station Kotwali, District Pali, petitioner has filed this application under Section 483 BNSS (Section 439 of old Code) for releasing him on bail. The petitioner is charged for offences punishable under Sections 384, 327 and 506 of the Indian Penal Code.

2. Let me briefly mention the facts germane for disposal of present petition. That complainant Rinki Singh filed a report on 14.05.2024 stating that he owns a spa named “Krishna Therapy”. A few months ago, petitioner came to the spa, claimed to be a journalist and demanded Rs.20,000/- per month from the complainant in order to continue running the spa. The petitioner then started recording a video of the spa and threatened to make the video viral if his demands were not met. The complainant gave him a total of Rs. 30,000/- for two months. However, a few days ago, the petitioner came again and demanded a mobile phone, threatening that if the complainant did not comply, he would not allow the spa to operate. The petitioner further threatened to make the video viral and defame the complainant in the community. The complainant asserts that the petitioner is extorting money from him despite no immoral or illegal activities being conducted at the spa and that he is being blackmailed through undue pressure.

3. To begin at the beginning Shri Vineet Kumar Jain, learned Senior Advocate assisted by the learned counsel Mr. Harswardhan Singh Rathore, representing petitioner has fervently argued that after the investigation, a charge-sheet has been filed against the petitioner. He is in custody since 16.05.2024 and the case is triable by Magistrate. The petitioner had previously lodged a complaint against the complainant before the competent authorities, alleging that illegal activities were being conducted under the guise of the spa. Present F.I.R., therefore, appears to have been filed to pressurize the petitioner into settling the matter. It is further argued that the petitioner is innocent person and a false case has been foisted against him; that entire allegations so leveled by the complainant against the petitioner is totally false and baseless. Concluding submissions, he asserted that petitioner is entitled to be enlarged on bail.

4. Per contra, learned Public Prosecutor assisted by learned Shri Sachin Acharya, Senior Advocate with learned counsel Mr. Dinesh Kumar Godara, representing the complainant, has opposed the petition and submitted that the petitioner is illegally extorting money and blackmailing people by threatening them under the guise of journalism. He is a habitual offender in this type of crime and several other individuals have lodged similar first information reports against him. A total of 10 cases are registered against him in various police stations in Pali city, five of which involve money extortion, all occurring in the year 2024. The petitioner has become so audacious that he has even hacked the ID of a police inspector and misused it, prompting the police inspector to file F.I.R. against him as well. The petitioner has blackmailed many people in Pali City in a similar manner, but generally, due to fear, no one comes forward or dares to file F.I.R. The petitioner is tarnishing the reputation of journalism by misusing its name and has become addicted to illegal earnings. His unlawful activities are still ongoing and he is now sending his father to the complainant to pressurise him to come to compromise. The complainant has also been threatened by father of petitioner, leading to a separate complaint being filed. A complaint under Sections 126 and 135 of the B.N.N.S. has been submitted in the competent Court against the petitioner's father by the SHO of Police Station Industrial Area. Given these facts and circumstances, if the petitioner is released on bail, it is likely that neither the complainant nor other witnesses will have the courage to testify against the peti