A Delhi court granted bail to Sonu alias Akshay, who was accused of running an alleged extortion racket from Bhondsi Jail and demanding ?1 crore from a complainant. Advocate Ravi Drall represented the accused in the bail proceedings.

Additional Sessions Judge Smita Garg granted bail after noting that the investigation against the accused had been completed and the charge sheet had already been filed. The court observed that further detention was not required for the purpose of investigation. Read the contemporary Times of India report on the bail order.

Background of the Extortion Case

According to the prosecution case reported at the time, Delhi Police registered an FIR on 23 June 2020 following a complaint by Sanjay.

The complainant alleged that a man came to his residence, handed him a slip and asked him to keep money ready. He then allegedly heard several rounds of firing. After the incident, an alleged demand of ?1 crore was made through a call to the complainant's brother.

The prosecution alleged that the names of the accused and other persons appeared on the slip given to the complainant.

Accused Was Already in Custody

An important circumstance in the bail proceedings was that the accused was already lodged in Bhondsi Jail in another case when the alleged firing incident took place.

The accused was subsequently interrogated on 25 June 2020, and the prosecution relied upon his alleged disclosure statement in connection with the extortion case.

The defence questioned the evidentiary basis for connecting the accused with the alleged extortion call, particularly because the mobile phone allegedly used for making the call had not been recovered.

Defence Arguments by Advocate Ravi Drall

Advocate Ravi Drall represented the accused and challenged the material relied upon by the prosecution.

One of the important points raised before the court concerned the alleged WhatsApp voice call. The investigation officer stated that the call was not a video call and that the investigation team had not received a response from WhatsApp regarding the subscriber details of the number at that stage.

The defence also relied upon the fact that the accused was already in custody when the alleged firing incident occurred and questioned the prosecution's case connecting him with the alleged offence.

These issues were relevant while the court considered whether continued detention was necessary after completion of the investigation.

Why Was Bail Granted?

The court considered the stage of the investigation and the material available against the accused.

The court noted that:

• The investigation concerning the accused had been completed.

• The charge sheet had already been filed.

• The accused had been in custody since June 2020.

• Further detention was not considered necessary for completing the investigation.

The court therefore granted bail to Sonu alias Akshay on a personal bond of ?15,000 with one surety of the same amount.

The bail order did not amount to a finding of innocence. The allegations were to be determined during the subsequent proceedings in accordance with law.

What Is Extortion?

Extortion is an offence involving the intentional putting of a person in fear of injury and dishonestly inducing that person to deliver property, valuable security or other specified property-related interests.

At the time of the alleged offence in this case, Section 383 of the Indian Penal Code, 1860 defined extortion. The complete statutory provision can be referred to through the Indian Kanoon text of Section 383 IPC.

Because this case relates to an alleged offence from 2020, the legal provisions applicable at that time were those in force under the IPC. The criminal-law framework subsequently changed with the introduction of the Bharatiya Nyaya Sanhita, 2023.

Important Factors in Bail Applications

Bail applications in serious criminal cases are decided on the facts and circumstances of each case. Depending on the matter, the court may consider factors such as:

• The nature and seriousness of the allegations.

• The specific role attributed to the accused.

• The evidence collected during investigation.

• Whether any recovery is still pending.

• Whether custodial interrogation is required.

• The period already spent in custody.

• Whether the investigation has been completed.

• Whether the charge sheet has been filed.

• The possibility of influencing witnesses or interfering with evidence.

• The possibility of the accused fleeing from justice.

The present case demonstrates why the stage of investigation, custody period and available evidence can be important considerations during bail proceedings.

For another case involving bail in serious criminal allegations, read Bail in an Attempt to Murder Case, which discusses the circumstances considered in a Section 307 IPC bail matter.

Key Takeaway From the Case

The case highlights the importance of examining the specific evidence connecting an accused with an alleged offence.

Here, the defence questioned the prosecution's material connecting the accused with the alleged extortion call and highlighted circumstances including the absence of recovery of the alleged mobile phone and the accused's custody at the relevant time.

The court ultimately considered that the investigation had been completed and the charge sheet had already been filed, and granted bail subject to conditions.

Readers can also see another case study involving bail under a special criminal statute in MCOCA bail case involving an alleged member of the Neeraj Bawana gang.

Advocate Ravi Drall's Role in the Case

Advocate Ravi Drall represented Sonu alias Akshay in the bail proceedings. The defence challenged the prosecution's material connecting the accused with the alleged extortion call and relied upon the circumstances surrounding the investigation and custody.

The court ultimately granted bail subject to the prescribed conditions.

For readers looking for information about criminal-law representation, call Ravi Drall and Associates for further information about criminal law matters.

Conclusion: Bail in Extortion Cases Depends on the Case Facts

An allegation of extortion can involve serious criminal consequences, particularly where the prosecution alleges threats, firing, organised criminal activity or demands for substantial amounts of money.

However, a bail application requires the court to examine the individual role of the accused, the evidence collected, the investigation stage, custody period and other relevant circumstances.

In this case, the completion of investigation and filing of the charge sheet were among the circumstances considered by the court before granting bail.

If you are facing an arrest, investigation or bail proceeding in an extortion or other criminal matter, Ravi Drall and Associates can assist you in understanding the applicable legal remedies and procedure.

Contact Ravi Drall and Associates for legal assistance in criminal matters