Manoj Saluja v. State (NCT Of Delhi)

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1225/2016 MANOJ SALUJA ..... Petitioner Through :

Mr. J. P. Sengh, Sr. Adv. with Mr.

Rajiv Kumar, Mr. Dinesh Kumar and Ms. Manisha Mehta, Advs.

versus STATE (NCT OF DELHI) ..... Respondent Through :

Mr. Amit Ahlawat, APP with SI Akhileshwar PS Moti Nagar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.09.2016 Learned senior counsel submits that present FIR was registered on the complaint of a shopkeeper on 1st June, 2016 alleging therein that while he was getting his shop repaired in the month of August, 2014, petitioner approached him and threatened that in case Rs.50,000/- is not paid to him, he will make complaint with the concerned authorities that illegal construction was being raised by the complainant. To avoid any hassle complainant paid Rs.25,000/- to petitioner.

It is submitted that petitioner is publishing a weekly newspaper namely "Relation of India News" wherein he publishes news relating to unauthorized construction raised by the

persons in the area.

Petitioner made a complaint in the month of April, 2016 to Commissioner, Municipal Corporation regarding unauthorized construction being raised by the shopkeepers in the area; more particularly adjoining the property no.44, Ganesh Market, Moti Nagar, New Delhi. As a counter blast to the said complaint, the shopkeepers have started lodging false FIRs against the petitioner.

Learned senior counsel submits that FIR No.304/2016 was got registered by another shopkeeper namely Baldev Raj wherein petitioner has been granted anticipatory bail today in Bail Application No.1020/2016.

It is submitted that present FIR has been registered after two years of the alleged incident, in order to harass the petitioner.

Learned additional public prosecutor has opposed the grant of anticipatory bail to petitioner on the ground that petitioner extorted `25,000/- from the complainant, by threatening him that he would make complaint about the illegal construction to the municipal authorities. Investigations are in progress.

Keeping in mind the totality of the facts and circumstances, it is ordered that in case of arrest, petitioner be released on bail, subject to his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five

Thousand Only) with one surety of the like amount to the satisfaction of Arresting Officer/Investigating Officer/SHO concerned. Petitioner shall, however, co-operate in the investigations.

Bail application is disposed of in the above terms. A.K. PATHAK, J.

SEPTEMBER 01, 2016/dk