The court clarified the criteria for bail under Section 439 Cr.P.C. asserting that incorrect incarceration is unwarranted without sufficient evidence.

Order

07/07/2025

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the complainant opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and have perused the material available on record. Upon consideration of the submission that the offence of extortion is not made out in absence of recovery of money by the accused upon giving instant threat and taking guidance from the judgment passed by Hon’ble the Supreme Court in the case of Issac Isanga Musumba And Others Vs. State of Maharashtra And Others reported in (2014) 15 SCC 357 and further considering the fact that similarly situated accused have already been enlarged on bail. He is behind the bars for last nine months and the offences alleged are triable by a Court of Magistrate. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.