Bail Cannot Be Denied by Taking Merits into Consideration as Punishment: Delhi Court

A Delhi court has granted bail to an accused in an extortion case, saying ”bail cannot be denied by taking merits into consideration as a punishment”.

Special Judge Shailender Malik granted the relief to one Anuj Srivastava, accused of extorting money from a 85-year-old man by threatening to falsely implicate him into a rape case.

The judge allowed the bail application on a personal bond of Rs 30,000 with one surety in the like amount, and directed him not to leave the country without prior permission of court and not to influence or contact the witnesses, or tamper with evidence.

”Having considered the submissions and taking note of the fact that accused/applicant is in judicial custody for last three months and no more required in the investigation. It is settled law that bail cannot be denied by taking merits into consideration as a punishment, whereas bail is a rule and denial thereof is an exception. ”Taking into consideration period of custody of the accused, accused/applicant is admitted to bail,” the judge said.

As per the case of prosecution, a sum of Rs 4 lakh was credited in the account of accused out of extortion money from the complainant.

According to the complainant, he had in August 2022 received objectionable pictures and videos on his WhatsApp number, along with a demand for depositing money, failing which he would be falsely implicated.

He claimed that he succumbed to extortion and started depositing money out of fear of bad name in the society. However, he later approached police after a huge amount of money was taken from him.

The accused had sought the relief on the ground that the investigation in the case was already over and the charge sheet was filed.

He said that he was in judicial custody for more than three months and no more required in the investigation, and that other co-accused have already been granted bail.

The prosecution opposed the bail application by submitting that case of co-accused is altogether different than the present applicant.

Read all the Latest India News here