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RAJENDRA PRAKASH SONI
Manish Rathore S/o Mohanlal – Appellant
Versus
State of Rajasthan through PP – Respondent
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 court established that habitual offenders of extortion pose a significant risk to justice and witnesses, justifying the denial of bail.
The court granted bail based on the similarity of the petitioner's case to that of co-accused already released on bail, with no evidence of risk to witnesses or flight.
The court emphasized that in cases involving serious allegations, the absence of direct evidence and prolonged custody may warrant the granting of bail.
The court considered the duration of custody, examination of prosecution witnesses, and the grant of bail to a co-accused as key factors in deciding the bail application.
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