RAMMANI PANDEY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for grant of regular bail in FIR No.216 dated 04.06.2019 registered under Sections 464, 465, 468, 469, 384, 385, 388, 389, 420, 506 and 511 read with Section 120-B of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Udyog Vihar, Gurugram.

(2.) The arguments of both the parties were heard at length, spread over for 04 dates.

(3.) The allegations as per the FIR, registered at the instance of the complainant - Ashok Sehrawat, Chief General Manager of India Bulls Limited, are that India Bulls Company is a leading business group of India in April, 2019 at the reception of office, a call from some unknown person was received, who requested to transfer his call to a senior person in Finance Liaison Department. When repeated calls was received by the Receptionist, the same was transferred to the complainant. The said person introduced himself as a well-wisher of India Bulls Company and stated that he is in possession of many internal details/documents which can damage the company as he can circulate the same to various department and destroy the reputation of India Bulls group of company. When the complainant requested him to disclose his identity, he informed that for that purpose, he should meet him. The complainant, initially, considered the call to be a hoax call and ignored the same. On the next day, again he received a call wherein the caller repeated the same story and threatened to fulfill his illegal demand and on asking, he disclosed his name as Vikas Shekhar and further said that it is in the interest of the complainant that he should discuss it with some senior official. He also gave two contact numbers i.e. 98994-19447 and 98702-78925 and further instructed them to call only on the WhatsApp number. It is further stated that the said person threatened the complainant, not to inform the police in any manner. On 27.05.2019, the senior of the complainant Anil Malhan received a call from a person named Vikas Shekhar on WhatsApp number and he repeated the same story that his colleague i.e. complainant Ashok did not respond to his demand and he is not taking the issue seriously. Anil Malhan was threatened with serious consequences. Upon which, Anil Malhan told him that the company is doing the business as per the rules and regulations. However, he insisted on fulfilling his demand of paying him money. Upon which, he was asked to call him later. On the next date, Anil Malhan discussed the matter with the complainant and directed him to call Vikas Shekhar to check his antecedents or meet him. On the next day, again a call was received and Rs.10 crores was demanded in two parts. It was stated that Rs.5 crores be paid when the meeting is to be done and the caller will show the copy of the complaint already sent to the various government department and the second installment of Rs.5 crores is to be paid upon withdrawal of the complaint letters, which is sent to the various government departments. Therefore, the complainant and Anil Malhan finding that Vikas Shekhar and his associates have formed a gang of blackmailers/cheaters, who are openly threatening the people in the society by creating false evidence or making false complaints and distorted reports of the complainant company are extorting money for their personal financial gain and causing wrongful loss to the investors/company/public at large. It was prayed that the FIR be registered in this regard.