HARISH TIWARI Vs. STATE

JUDGEMENT

(1.) Vide this application under Sec. 439 Cr.P.C filed through the Piarokar Mr. Sushil Kumar Shukla (brother-in-law/saala), the petitioner has sought bail in FIR No. 495/2017 dtd. 16/9/2017, under Ss. 384/389/341/120-B IPC, PS Punjabi Bagh.

(2.) This is 8th/9th bail application of the petitioner and the fourth application before this Court. It is submitted that the petitioner is an advocate by profession and has been falsely implicated in the present case. The petitioner was arrested on 23/10/2019 and was remanded to Police custody and thereafter was sent to the Judicial custody. He has already completed 4 years and 3 month approximately in custody and the maximum punishment for the offences he has been charged with, is 3 years. It is also submitted that the petitioner is a permanent resident of the given address and has deep roots in society and there is no likelihood of his fleeing from justice.

(3.) Per contra, this application is vehemently opposed by the Ld. Addl. Public Prosecutor submitting that there are serious allegations against the petitioner. The petitioner in a well orchestrated conspiracy along with his co-accused blackmailed 92 years old leading industrialist of India. He extorted a sum of approximately 10 crores from the complainant over a period of 12 to 13 years by blackmailing him that his false, fake, doctored and morphed photos and video clipping showing him in awkward and embarrassing position with a certain woman, shall be released in public. It is further submitted that the petitioner was caught red-handed with two lacs of rupees of extorted money. Further, letter for publication and the alleged morphed photographs have also been extracted from the petitioner's mobile phone.