Shakeel v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 15.10.2024 Shakeel ...... Petitioner

Versus

State of Haryana ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Satish Chaudhary, Advocate for the petitioner.

Mr. Gagandeep Singh Chhina, AAG, Haryana.

**** Manjari Nehru Kaul, J.(Oral) In compliance of order dated 19.09.2024, status report by way of an affidavit of DSP, Headquarter Nuh along with annexures filed in Court today, is taken on record subject to all just exceptions. Copy of the same has also been furnished to the counsel opposite. Main case 1.

This is the petition filed by the petitioner seeking concession of regular bail in case FIR No.15 dated 13.02.2024 under Sections 384, 419, 420, 467, 468, 471 and 34 IPC registered at Police Station Cyber Crime, Nuh District Nuh.

2.

Learned State counsel, on instructions, has fairly submitted that no money trail had been traced between the petitioner and the victims, who were allegedly being blackmailed by all the accused including the petitioner to transfer varying amounts of money into the bank

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3.

On a pointed query put to the State counsel as to whether the petitioner has any previous criminal antecedents, he, on instructions, has replied in the negative. However, learned State counsel has reiterated the allegations levelled in the FIR in question, which stands reproduced herein under:

"That brief facts of the prosecution are like that on dated 13.02.2024, police received a secret information that Wasim, Fardeen sons of Azad, Shakeel son of Ser Mohammad, all residents of village Dedwal Mohalla, P.S. Bichhore District Nuh were indulged in sextortion and they used to cheat the public persons by making whatsapp call in the name of girls from fake sims. The secret informer informed that the culprits makes whatsapp video call to public persons and talk in the name of girls. The accused show a fake obscene video of a girl in which the girl is seen removing her clothes and instigate the other persons for online sex. The accused make video with the help of screen recorder App and after editing the video with the help of Editing App, they send that video on whatsapp of other person. The accused threat the other person to make viral that video and to get a case of rape registered against him. In this manner, the accused induced the other person to transfer money in bank accounts of fake persons." 4.

I have heard learned counsel for the parties and perused the material placed on record.

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The instant case rests on documentary evidence, which is already part of the challan. The petitioner has been in custody since 13.02.2024 and the possibility of the trial concluding in the near future seems unlikely as 13 prosecution witnesses still remain to be examined. The petitioner is not stated to be involved in any other criminal case. 6.

In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of regular bail to the petitioner. Accordingly, the instant petition is allowed. The petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

7.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

8.

Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same.

15.10.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No