Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49522 of

2022

Applicant :- Ankit Alias Banti

Opposite Party :- State of U.P.

Counsel for Applicant :- Mithilesh Kumar Ojha,Satyam Mishra

Counsel for Opposite Party :- G.A.,Yogesh Kumar Mishra

Hon'ble Nalin Kumar Srivastava,J.

Heard Sri Ajay Kumar Giri, holding brief of Sri Mithilesh Kumar

Ojha, learned counsel for the applicant, learned A.G.A for the State

and Sri Yogesh Kumar Mishra, learned counsel for the informant

and perused the record.

This bail application has been filed by the applicant Ankit alias

Banti involved in case crime no.176 of 2022 under Sections 386,

354 Ka, 354 Gha, 504, 506 IPC and Section 66D, 66E, 67A

Information Technology (Amendment) Act, 2000, Police Station

Modinagar, District Ghaziabad.

It is submitted by the learned counsel for the applicant that the

applicant is innocent and has been falsely implicated in the present

case. He has not committed the present offence. Alleged offences

are not made out against the applicant. There is no credible

evidence against the applicant to connect him with the present

offence. Applicant never made any forged e-mail id to commit

forgery or to blackmail the victim nor any threat or extortion was

made through the alleged e-mail id. Applicant has no criminal

antecedents He has been languishing in jail since 14.10.2022 and

in case he is released on bail, he will not misuse the liberty of bail

and will cooperate in the trial.

On the other hand, learned A.G.A. as well as learned counsel for

the informant vehemently opposed the prayer for bail and

submitted that the applicant stolen the photographs and data from

the mobile phone of the informant, made obscene / objectionable

videos of the informant, threatened her and extorted money by

blackmailing her, which is apparent from the whatsapp and

facebook chats as well as bank statement of the informant.

In this matter, it reveals from the perusal of the record that the

victim is the sister of the brother-in-law (behnoi) of the applicant,

who alongwith other co-accused persons anyhow obtained the

mobile number, photographs and other data of the friends and

colleagues of the informant and started chasing her physically and

online and used to make obscene chats, abusing in filthy language,

threatening to defame her in the society and also to kidnap her and

his brother for murder and he also made fake ID in order to

blackmail the informant by making some obscene videos and to

make it viral and he also extorted Rs.2,34,020/- as extortion

money. The applicant alongwith co-accused hacked the facebook

and G-mail account of the informant and committed data theft

also. He always tried to take the updates of the informant and

threatened her for not picking her phone. The applicant also sent

messages on her mobile phone to make illicit relations with him,

which was protested by the informant. He again threatened her to

make her obscene video viral and also for her kidnapping and

murder. When the informant went to Netherlands after her

marriage, applicant again threatened her on her new mobile phone

by messaging and by whatsapp call and demanded Rs.5 lakh as

extortion money and again threatened to make her obscene videos

viral and also to sell that video in the black market. The informant

informed all the incidents to her husband and family members and

after checking, all the phone numbers were found to be of the

present applicant and his family members. His father Dinesh

Balian, on complaint, also took no action, but asked the informant

to send Rs.2 lakh as extortion money in the bank account of the

applicant. After lodging of the F.I.R., the investigation started and

sufficient evidence has been collected against the accused-

applicant so far, as it appears from the perusal of the case diary,

which is available before the Court. The informant / victim is a

married lady and is in close relation with the presen