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* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON –01.06.2023 % PRONOUNCED ON -11.07.2023 + BAIL APPLN. 4262/2021 KAMLESH KOTHARI ..... Petitioner Through: Mr. Vikas Pahwa, Sr. Adv. with Mr.Pallav Palit, Ms. Raavi Sharma, Ms. Shreya B., Mr. Paritosh Mandwa, Advs. versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Sanjay Jain, ASG with Ms.

Nandita rao, ASC with Mr. Akhand Pratap Singh, SPP with Mr. Amit Peswani and Mr. Saransh, Mr. Abhinanadan Gautam, Ms. Deeksha Diwedi, Mr. Nishank Triapthi, Ms. Harshita Sukhija, Ms. Shruti Aggarwal, Advs.

ACP Virender Kadyan, Inspector Shikhar Chaudhary PS EOW + BAIL APPLN. 1170/2022 B. MOHAN RAJ ..... Petitioner Through: Mr. Anand Grover, Sr. Adv. with Mr.

Ravinder Singh, Ms. Raveesha Gupta, Mr. Arnav Dasgupta, Advs.

versus THE STATE OF NCT OF DELHI ..... Respondent Through: Mr. Sanjay Jain, ASG with Ms.

Nandita rao, ASC with Mr. Akhand Pratap Singh, SPP with Mr. Amit BAIL APPLN. 4262/2021, BAIL APPLN. 1170/2022 & BAIL APPLN. 3706/2022 Page 1 of 59 Signature Not Verified Digitally Signed By:RAJ Peswani and Mr. Saransh, Mr. Abhinanadan Gautam, Ms. Deeksha Diwedi, Mr. Nishank Triapthi, Ms. Harshita Sukhija, Ms. Shruti Aggarwal, Advs.

ACP Virender Kadyan, Inspector Shikhar Chaudhary PS EOW + BAIL APPLN. 3706/2022 LEENA PAULOSE ..... Petitioner Through: Mr. Wills Mathews and Mr. Paul John Edison, Advs.

versus STATAE OF DELHI ..... Respondent Through: Mr. Sanjay Jain, ASG with Ms.

Nandita rao, ASC with Mr. Akhand Pratap Singh, SPP with Mr. Amit Peswani and Mr. Saransh, Mr. Abhinanadan Gautam, Ms. Deeksha Diwedi, Mr. Nishank Triapthi, Ms. Harshita Sukhija, Ms. Shruti Aggarwal, Advs.

ACP Virender Kadyan, Inspector Shikhar Chaudhary PS EOW .

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

S . No	Particulars	Para Nos.
1.	Factual Matrix	1 to 11
2.	Submissions on behalf of Petitioners (i) B.Mohan Raj (ii) Kamlesh Kothari (iii) Leena Paulose	12-17 18-25 26-29

BAIL APPLN. 4262/2021, BAIL APPLN. 1170/2022 & BAIL APPLN. 3706/2022 Page 2 of 59 Signature Not Verified Digitally Signed By:RAJ

3.	Submissions on behalf of State/Respondent	30-34
4.	Findings and Conclusion	35-79

J U D G M E N T

DINESH KUMAR SHARMA,J :

Factual Matrix

1. The present order shall dispose of the bail application no. 4262/2021 of Kamlesh Kothari, Bail Application No. of B.Mohanraj and Bail Application No. Of Leena Paulose. The bail application filed by Petitioner Kamlesh Kothari in case titled. “State v. Kamlesh Kothari” was dismissed vide order dated 02.11.2021 by Learned Additional Sessions Judge. Similarly the bail application filed by Petitioner B.Mohan Raj in case titled “State v. Sukesh Chadrashekhar & ors” was dismissed vide order dated 19.01.2022 by Learned Additional Sessions Judge and the bail application filed by Petitioner Leena Paulose in case titled “State v. Sukesh Chadrashekhar & ors” was dismissed vide order dated 02.11.2022 by Learned Additional Sessions Judge.

2. Briefly stated facts of the case are:

i. The present FIR no.208/2021 has been registered under sections 170, 384, 386, 388, 419, 420, 406, 409, 506, 186, 353, 468, 471, 120-B IPC ; section 66-D of IT Act and sections 3/4 MCOCA at PS Special cell, on the basis of complaint of Ms. Aditi S.Singh/Complainant alleging therein that on 15.06.2020 she received a call from one landline number on her mobile BAIL APPLN. 4262/2021, BAIL APPLN. 1170/2022 & BAIL APPLN. 3706/2022 Page 3 of 59 Signature Not Verified Digitally Signed By:RAJ phone in which the caller introduced himself as a senior officer in Ministry of Law and proposed to help her in securing bail for her husband who was running in Judicial Custody in cases related to M/s Religare Enterprises Ltd.

ii. It is alleged that the said caller demanded a sum of Rs.20 Crores from the complainant for getting the work done and conveyed the modalities regarding delivery of money. The caller further through his associates extorted money from complainant on multiple occasions. The extorted mone

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