Delhi HC dismisses interim bail plea of accused involved in extortion from jail
May 12, 2022
New Delhi [India], May 12 : The Delhi High Court dismissed the interim bail plea of an accused who is allegedly involved in extortion from jail.
The petitioner, who is an accused under the Maharashtra Control of Organised Crime Act (MCOCA) had moved the plea on the ground that he has to arrange the money for the admission fee of his three children who are at home due to the non-availability of funds for the deposit of fees.
Justice Talwant Singh dismissed the interim bail plea of accused Rahul Gupta in view of his alleged involvement in extortion from jail, the seriousness of the offence he has been charged and his past conduct.
"Keeping in view the seriousness of the offences under which the present petitioner has been charged, as well as his conduct while lodged in jail, where it is alleged that he still continues to be involved in extorting money in association with Salman Tyagi, his involvement in 19 criminal cases and the fact that his wife is not interested to get the children admitted to a government school as well as the fact that earlier the petitioner and his wife had fabricated documents to obtain interim bail of the petitioner on the ground of medical emergency of his mother, I am not inclined to grant interim bail to the present petitioner," Justice Singh observed in the order of May 5, 2022.
The bench noted that the accused Salman Tyagi and the present petitioner had met in Tihar Jail, discussed their financial conditions and then both decided to hatch a conspiracy to extort money thereafter Salman made a call to Bhumi and demanded extortion money of Rs. 15 lakh and she had lodged a complaint on 13 July 2021, during the period when the petitioner was already in jail.
While opposing the plea the counsel for State submitted that in November 2021, the petitioner had sought interim bail on the ground of immediate surgery of his mother Indra Devi, which was scheduled for 15 November 2021 but during verification, it was found that the medical prescription of 8 October 2021 was tampered with and a false date of surgery that is 18 November 2021 was inserted in the medical documents.
The petitioner is accused in a case registered on 13 August 2019 at Hari Nagar Police Station, Delhi under MCOCA. A charge sheet has been filed and the case is pending trial. His plea for interim bail was dismissed by the trial court and thereafter he approached the High Court for interim bail.
