SARFARAZ GULAM AKTHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are the separate applications by two of the accused from Crime No.46 of 2019 (FIR No.130/2019), registered with Ramanand Police Station, District Jalgaon for the offences punishable under Ss. 420, 384, 354-A, 354-D, 467, 468, 471, 504, 506 read with Sec. 34 of the Indian Penal Code and Ss. 66D and 67 of the Information and Technology Act, seeking bail under Sec. 438 of the Code of Criminal Procedure in the event of their arrest in connection with that crime.

(2.) The sum and substance of the allegations in the FIR and the further investigation are to the effect that accused persons, by using different mobile numbers, contacted the informant, who happens to be a woman aged 24 years, made her to enter into some bogus agreement under the pretext of engaging her for data feeding activity and under the pretext of the work having been not done as per the terms and conditions of the agreement and by issuing false notices through their Advocates, managed to extort a sum of Rs.3,46,700.00 from her, by threatening her and abusing her in filthy language. These applicants, stating to be the proprietors of two different establishments namely M/s Sterlite Pvt. Ltd. And M/s Spectrum Pvt. Ltd., respectively, it is being alleged, received an amount of Rs.2000.00 in their accounts from the informant.

(3.) Mrs. Kulkarni, learned Advocate for the applicants would, at the outset, point out that the co-accused Nitesh Vijaykumar Khawani, who is stated to be the main accused and who allegedly had indulged in several telephonic communications and exchange of text messages with the informant, has been granted anticipatory bail by this Court in Anticipatory Bail Application No.519 of 2020 by the order dtd. 28.08.2020. That applicant has already deposited the entire amount of Rs.3,46,700.00 in this Court. She would, therefore, submit that since the cases of the present applicants stand on the same footing with the same allegations, rather less severe allegations, even the present applicants deserve to be similarly protected.