03 June 2024 Anticipatory Bail >> Criminal Law   |   Extortion >> Criminal Law   |   FIR >> Criminal Law  

Madhya Pradesh High Court recently granted anticipatory bail to an applicant facing charges including extortion, wrongful confinement, and causing hurt. The applicant, whose identity is not disclosed, was apprehensive about arrest registered at Police Station Ghansour.

The case involved multiple sections of the Indian Penal Code (IPC) including 294 (obscene acts), 323 (causing hurt), 341 (wrongful confinement), 325 (grievous hurt), 506 (criminal intimidation), and crucially, 327 (extortion).

The applicant maintained innocence and claimed false implication. Their lawyer argued that they were a permanent resident with no history of absconding and were prepared to cooperate with the investigation.

A key point in the defense was that the initial FIR did not include the extortion charge (Section 327). The complainant reportedly made later statements adding this claim. The applicant also faced other cases, one of which was mentioned in the FIR itself (Section 498A - cruelty towards a woman).

Considering these factors, the court allowed the anticipatory bail application. The applicant will be released upon arrest if they furnish a personal bond of Rs. 50,000 with a surety of the same amount. Additionally, they must adhere to specific conditions, likely including regular appearances before the authorities and refraining from tampering with evidence or intimidating witnesses. Failure to comply will result in the automatic cancellation of the bail order.

  Indian Penal Code, 1860    Code of Criminal Procedure, 1973