Regular bail can be granted based on the presumption of innocence, the right to a speedy trial, and the balance between individual liberty and the interest of society.

Judgment

Mr. Kuldeep Tiwari, J.

All the three petitions have been filed for grant of regular bail, arising from a common FIR, therefore, being amenable for common decision, same are taken up together.

2. Through the instant petitions, the petitioners craves for indulgence of this Court for their being enlarged on regular bail, in case FIR No. 125, dated 26.06.2023, under Sections 384, 420, 379-B and 120-B of the IPC (Annexure P-1), registered at Police Station Lehra, District Sangrur.

ALLEGATIONS AGAINST THE PETITIONERS

3. The prosecution agency was set into motion on the complaint, made by one Raghvir Singh, who in his allegations stated that he is a businessman and was familiar with petitioner-Jasmin Begum (CRM-M-38786-2023), as she was in regular contact with the complainant and she used to contact the complainant on Whatsapp call. On one occasion the petitioner (Jasmin Begum) contacted the complainant on Whatsapp call, wherein, she proposed the complainant that she can provide the complainant a girl aging about 16-17 years, and the girl would come and meet the complainant. Upon which the complainant refused the said proposal and said that he is not interested in such types of practice.

4. The petitioner-Jasmin Begum, again told the complainant that she could provide another lady aging 35 years, and stated that the said lady is also finding someone. Despite refusal, the complainant was taken into confidence by the petitioner-Jasmin Begum, on dated 06.06.2023, the petitioner-Jasmin Begum contacted the complainant on Whatsapp call, and told the complainant that she is sending the said lady to the complainant. Thereupon, one lady, who disclosed her name as Balbir Kaur, was sent to the complainant and the complainant took that lady to a nearby hotel, where they got intimated with each other, and thereafter, the aforesaid lady-Balbir Kaur, was dropped at the bus stand, by the complainant, on a request made by the lady-Balbir Kaur. After some time, the petitioner-Jasmin Begum, told the complainant that the aforesaid Balbir Kaur, has made a video of the complainant, while being intimated with the lady-Balbir Kaur, and demanded money.

5. The complainant, in pursuance to save his honour and reputation, parted with Rs.3.00 lakh, which was handed over to the petitioner-Jasmin Begum. Thereafter, the petitioner-Jasmin Begum again and again insisted the complainant to hand over the remaining balance amount. The balance amount was also paid by the complainant, and while making payment of that balance amount, the photographs were clicked by a friend of the complainant.

6. It is further alleged by the complainant that mobile phone through which the photographs were clicked, was also snatched by the petitioner-Jasmin Begum.

7. On the basis of the above complaint, the instant FIR was registered.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONERS

8. Learned counsel for the petitioners submit that the instant story of the prosecution is based upon concoctions, after due deliberation, as there is a long delay in the registration of the FIR (supra)

9. It is further submitted that there is no legal evidence on record to substantiate the allegations levelled against the petitioners. The recovery of mobile phone from the petitioners is not sufficient to substantiate the allegations as levelled by the complainant.

10. The next submission as made by learned counsel for petitioners that the petitioners never blackmailed the complainant.

11. They further submit that all the petitioners have suffered sufficient incarceration as they are behind the bars for the last more than six months.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

12. On the other hand, learned State counsel, on instructions imparted to him by ASI Harjoginder Singh, informs this Court that the investigation has already been completed in the instant matter, and the final report has been filed way back on dated 01.09.2023, and thereupon, the charges were framed on dated 21.11.2023, and out of total 22 prosecu