ORAL ORDER

1. Heard learned advocate Mr.Samir Afzal Khan for the applicant and learned Additional Public Prosecutor Mr.J.K.Shah for the respondent – State.

2. By way of this application under Section 439 of the Code of Criminal Procedure, 1973, (‘Cr.P.C’, for short), the applicant has prayed for his release on regular bail in connection with FIR No.:11210050211968 of 2021 for offences punishable under Sections 306, 384 and 507 of the Indian Penal Code and under Sections 66C, 66D, 66E and 67 of I.T.

Act.

3.1 The present applicant is in jail since 19.11.2021 pursuant to an FIR being No.:11210050211968 of 2021 for offences punishable under Sections 306, 384 and 507 of the Indian Penal Code and under Sections 66C, 66D, 66E and 67 of I.T. Act dtd.17.11.2021 wherein it is alleged that on 28.10.2021 the complainant along with family had gone to Malgama. At that time, his elder brother Mohnish (the deceased) used to come his residence for sleeping. On 31.10.2021, at around 9:45 p.m. in the morning when the complainant reached to his residence for the purpose of reading and opened the door, he found that his elder brother had hanged himself with the hook of the fan and thereby committed suicide.

3.2 Ultimately thereafter he called family members and police as well. At that point of time, they suspected it to be suicide and, therefore, an entry in respect of accidental death case was registered. Thereafter the dead-body was sent to Civil Hospital for postmortem, it was then got for funeral ceremony and after completion of last rituals on the next day i.e. on 01.11.2021 when the complainant checked mobile phone of the deceased i.e. elder brother Mohnish, who was 27 years old and working as Computer Operator in private company, he found his Instagram account i.e. p.mohnish and there were chats with another Instagram account holder i.e. _ _ _shreya097. From chats the complainant found that his elder brother Mohnish had some provocative obscene chats with that aforesaid Instagram account-holder i.e. _ _ _shreya097 and thereafter his elder brother was provoked to uncover himself, was asked to show his body on video-

call on mobile.

3.3 Thereafter from the whats-app chats, the complainant found that there were chats with one mobile number i.e. 8816005892 and upon reading aforesaid mobile whats-app chats, the complainant found that the video-call that the deceased had with that Instagram id i.e. _ _ _shreya097 wherein the video-call made by brother of the complainant was recorded and there was threat to make it viral and ultimately asking for extortion for not making it viral. Therefore, succumbing to aforesaid threat, the deceased – brother of the complainant from his Paytm No.9586388411 paid an amount of Rs.5,000/- at 2:18 a.m., Rs.5,000/- at 2:26 a.m. and Rs.10,000/- at 2:29 a.m. on 31.10.2021 and as such sent total sum of Rs.20,000/- to an ID BHARATPE 09892356815@yashbankltd and despite aforesaid amount was paid to the aforesaid ID by the deceased brother of the complainant, there was threat from other side that if more amount is not transferred, in that case, the video-clip of deceased brother of the complainant would be made viral.

3.4 Though deceased brother of the complainant sent photograph showing that he is going to commit suicide by hanging himself with the hook of the fan, even no worth mercy was shown and at that time also further demand of Rs.5,000/- for deleting video-clip had come from the other side and in case of failure to fulfill the demand of person from other side, it was threatened that the aforesaid obscene video of the deceased brother of the complainant shall be sent to his sister and, therefore, ultimately deceased brother committed suicide between 2:49 and 9:45 on 31.10.2021 and, therefore, a complainant registered the FIR with the Rander police station.

3.5 Pursuant to the registration of the aforesaid FIR, upon investigation, the investigating officer found that the aforesaid amount of Rs.20,000/- had ultimately come