Tue. Nov 24th, 2020

Subhash Kumar Sharma vs State on 20 June, 2018

3 min read

2. Consequent on investigations pursuant to the aforementioned
FIR, charge sheet, dated 21st December, 2017, was filed before the
learned Metropolitan Magistrate (hereinafter referred to as “the
learned MM”), Tis Hazari Courts.

3. In order to appreciate the nature of the case, as was sought to be
built up by the prosecution against the three applicants, it would be
apposite to set out the facts, as recited / alleged in the charge sheet
itself.

BAIL APPLN. 401/2018, 752/2018 & 1332/2018 Page 2 of 38
Case of the prosecution as set out in the charge sheet

4. The proceedings commenced from a complaint dated 6 th
September, 2017, by a 90 year-old man, Basu Dev Aggarwal
(hereinafter referred to as “the complainant”). In the said complaint,
the complainant alleged that the present applicants, amongst others,
had been repeatedly extorting money from him, over a period of
twelve to thirteen years, threatening to publicize morphed
photographs, depicting the complainant in a compromising position
with a particular lady named Pooja with whom, the complainant
would allege, he had no relationship whatsoever. In his complaint, the
complainant stated that Harish Tiwari (one of the applicants before
me) introduced himself, to the complainant, as an advocate, and stated
that a certain lady had objectionable documents, which could
compromise the complainant, whereupon, in order to buy peace, the
complainant paid “a small amount” to Harish Tiwari. Two to three
years later, it was alleged that Harish Tiwari again met the
complainant, stating, this time, that Subhash Sharma (another
applicant before me) had told him something against the complainant,
which persuaded the complainant to, once again, pay him a small
amount ” to avoid nonsense”. The complainant further alleged that
Harish Tiwari took money from him for filing a case, but never did so,
and insisted that he had never met Subhash Sharma. Sometime later,
the complaint alleged, Subhash Sharma again met Harish Tiwari and
asked for more money. This pattern of blackmail and extortion
continued periodically at six to eight monthly intervals. During the

BAIL APPLN. 401/2018, 752/2018 & 1332/2018 Page 3 of 38
said period, it was alleged that Subhash Sharma introduced one more
extortionist, Ashok Sagar (the third applicant before me) with the
same story, this time stating that Ashok Sagar was a crime reporter,
who was required to be paid in order to restrain him from publishing
incriminating material, against the complainant, in the media. In this
manner, the complaint alleged, the complainant paid, to Harish Tiwari
and Ashok Sagar, ₹ 12 to 14 lakhs, over a period of two years through
his driver Lalit Rai. All payments, whether intended for Harish Tiwari
or Ashok Sagar were made in the office of Harish Tiwari. It was
further alleged that, a few days prior to the complaint, Harish Tiwari
met the complainant and introduced yet another player, Ramphal,
who, he stated, was also in possession of a letter, written by Pooja,
containing allegations against the complainant. Though Harish Tiwari,
at that time, said that Ramphal would be the last extortionist, he, later,
again approached the complainant, stating that Ashok Sagar wanted
more money. The complaint went on to give details of the only lady
named Pooja, of whom the complainant was aware, who was the
ex. wife of one J. D. Gupta. The complainant categorically denied
having any illicit relationship with Pooja, and stated that he had, over
the aforementioned period of twelve to thirteen years, been subjected
to repeated blackmail and extortion, by Harish Tiwari and his
confederates including Ashok Sagar, Subhash Sharma and others. In
the circumstances, the complaint extorted the police authorities to
protect the complainant, who was a man of advanced years suffering
from various physical ailments, and to proceed, in law, against the
aforementioned blackmailers/extortionists.

Source: Indian Kanoon

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