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2024 Supreme(P&H) 285

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J.
Manoj Kumar Sondhi – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 28519 of 2023
Decided On : 06-03-2024

Advocates Appeared:
Narinder S. Lucky, Gurpal Kaur Dulat, Vipan Kumar Sharma, Adhiraj Singh Thind, Liaqat Ali.

IMPORTANT POINT
Anticipatory bail is not warranted in serious cases of sextortion where custodial interrogation is essential for a fair investigation.

Headnote:

Bail - Anticipatory Bail - Code of Criminal Procedure, 1973 - Sections 438; Indian Penal Code, 1860 - Sections 388, 506, 120-B; Immoral Traffic (Prevention) Act, 1956 - Sections 3, 4, 5 - The court emphasized the gravity of allegations involving sextortion and the necessity of custodial interrogation for effective investigation, denying anticipatory bail.

Fact of the Case:

The petitioners sought anticipatory bail in a case involving serious allegations of sextortion and immoral trafficking, where they were accused of blackmailing individuals and running a brothel.

Finding of the Court:

The court found that the allegations against the petitioners were serious and involved a gang operating in sextortion, necessitating custodial interrogation to ensure a thorough investigation.

Issues: Whether the petitioners are entitled to anticipatory bail given the serious nature of the allegations against them.

Ratio Decidendi: The court held that anticipatory bail should not be granted in cases involving serious allegations that could impede the investigation and societal interests.

Result: The petitions for anticipatory bail were dismissed.

JUDGMENT :

SUMEET GOEL, J.

1. This order will dispose of aforesaid three petitions filed on behalf of the petitioner(s) seeking grant of anticipatory/pre-arrest bail under Sections 438 of Code of Criminal Procedure, 1973 in FIR No. 41 dated 19.04.2023 registered for offences punishable under Sections 388, 506 and 120-B Indian Penal Code, 1860 and Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act, 1956 at Police Station Basti Bawa Khel, District Jalandhar.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner(s)) is as follows:

    “With reference to complaint No. 613-PTM dated 24.03.2023 regarding on video went viral on social media. Regarding this, report after inquiry for registration of case was received in the Police Station. The same is like that. Subject: Video went viral on social media regarding report No. 230 reader/ACP West dated 23.03.2023. Sir, it is submitted that on 14.03.2023 a went viral on social media. In which a girl was saying that Manoj Kumar Sodhi who is a resident of Gara Jalandhar and blackmails girls by making obscene videos from boys. Regarding this video, Ld. SP City-2, Jalandhar directed me to sent report after verifying the same. In order to verify this video, the statements of the following persons were recorded and verified by them. 1. Reena daughter of Indermohan Singh resident of near Park Gurdwara Raja Garden, Jalandhar. 2. Komal daughter of Nirmal mother Rajni, Resident of Village Malewal, District Jalandhar 3. Rajveer Kaur Wife Surinder Kumar Resident of VPO Kagra Police Station Shahkot Tehsil Nakodar District Jalandhar. 4. Paramjit Kaur wife late S. Jagdish Singh Resident of House No-184, Opposite Punjab & Sindh Bank, Basti Bawa Khel Jalandhar. 5. Neelam Rani wife Sukhdev Raj Resident of VPO Jallowal Colony Jalandhar Rural Current Tenant Mukesh Kumar Son of Des Raj Resident of House No. 22/22 Krishna Nagar Jalandhar (a) Reena Daughter of Indermohan Singh Resident of Near Park, First Patshashi Gurdwara Raja Garden, Jalandhar has recorded in her statement that on 10.03.2023 at 7:00 AM Komal daughter of Nirmal, resident of village Malewal Tehsil Nakodar District Jalandhar came to her and told her that her sister’s father-in- law Manoj Kumar Sodhi resident of Garh, Jalandhar had forcibly developed physical relation at the residence of her sister, when her sister and her brother-in-law were not at home and while blackmailing for the same, he is continuously developing physical relations for the last two years. She is very upset and need help. On which he went to PS Basti Bawa Khel Jalandhar at around 8:00 AM to file complaint with Komal on a humanitarian ground. Where they disclosed everything to Insp. Gagandeep Singh, SHO, PS Basti Bawa Khel, Jalandhar, but SHO Basti Bawa Khel Jalandhar, Insp. Gagandeep Singh did not listen to them and in connivance with the accused, Insp. Gagandeep Singh asked her and Komal not to take any action against Manoj Kumar Sondhi. He asked us to take Rs. 3.00 Lakh for compromise. Upon which I told Insp. Gagandeep Singh that she had come to help Komal on a humanitarian ground and they do not want any compromise with Manoj Kumar Sondhi. Legal action may be taken against him. Till today i.e. 17.03.2023, SHO Gagandeep Singh had not taken any legal action, after 3-4 days Insp. Gagandeep Singh sent his official namely Mical to his house and asked her to come Police Station and I refused to visit Police Station. Thereafter, SHO Gagandeep Singh made a telephone call and forcibly asked to come police station. On refusing SHO threatened her to take action against her. From this, it is clear that Insp. Gagandeep Singh, SHO Basti Bawa Khel had colluded with accused. Therefore, justice cannot be given. She requested that appropriate legal action be taken against accused Manoj Kumar and the persons who were supporting him and justice be given to them. Apart from this, she wants to bring to notice that Manoj Kumar Sodhi who is a resident of G

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