A Delhi Court granted bail to a man accused in a case related to making an obscene video of a Union Minister after screen recording a video call.
His co-accused allegedly made threatening/blackmailing calls to the minister to extort the money. This case is being investigated by the Crime Branch of Delhi police.
Chief Metropolitan Magistrate Snigdha Sarvaria allowed the bail application of the accused Vakeel after considering the submissions and facts and circumstances of the case.
“Considering the overall facts and circumstances of the case and that the applicant/accused is in custody since July 11, 2023. Recovery is already affected, no notice Under section 41A CrPC was given to accused Vakeel, he is no more required for custodial interrogation and no fruitful purpose would be served by keeping the applicant/accused behind bars,” CMM said in the order of July 25.
However, the court took a serious view of the fact that the decision of the Supreme Court in the Arnesh Kumar case was not followed and directed the police to take action.
“Let intimation be sent to DCP concerned with respect to non-compliance of the judgment of Hon’ble Supreme Court of India in Arnesh Kumar vs State by the IO qua accused Vakeel and for taking appropriate action,” the court directed.
Advocate Sanjeev Malik, counsel for the accused, argued that the applicant was not even named in the FIR.
Applicant is 35 years of age and is the sole bread earner of his family consisting of his wife, six minor children and old aged father.
Further, the applicant/accused undertakes to abide by all the terms and conditions which may be imposed upon him while granting bail to him, counsel submitted.
The accused is a resident of Rajasthan. Another accused Sahib was granted bail on July 21.
The bail application was opposed by the Prosecution and IO on the ground that the investigation of the case is in the initial stage and pending against the accused is pending.
It was argued by the Delhi Police that the mobile in which the alleged video was prepared has been recovered at the instance of the accused.
It was stated that the accused is an active member of this gang as he used to make calls to the victim to threaten him claiming to be an officer of the Crime Branch.
It was further argued that the associate of the applicant, accused Sabir is absconding.
Therefore, it is prayed that considering the grounds, gravity and seriousness of the offences, the present application may be dismissed.

Delhi Police filed a reply on bail plea and stated that a complaint on June 26, 2023 that a video call from a mobile number by a woman was made to a senior minister to the Government of India on his mobile number.
The caller acted in a sexually explicit manner and recorded the call. Though the minister immediately disconnected the call, the alleged lady sent him the recorded video and threatened him with intent to extort/blackmail, the reply stated.
The reply also stated that on the same day, another call was made to the minister on his mobile number from another mobile number to threaten him, by the purported aide of the lady. The caller claimed to be an officer of the Crime Branch.
The present case under section 419/468/471/120B IPC and 67 IT Act has been registered at PS Crime Branch.
Delhi Police said that during the investigation, the location of both mobile numbers was found at the same place in the village Maliki Distt Bharatpur Rajasthan.
One mobile number is found registered in the name of Sabir a resident of Maliki, District Bharatpur, Rajasthan and another mobile number is found registered in the name of Parshuram Mahji a resident of Tarabari, Bahari Rijarbha, District Barpeta, Assam.
It was found that two mobile numbers used for calling were registered in the name of the applicant/accused Vakeel.
On July 11, 2023, accused Sahib and Vakeel were arrested.
During the course of sustained interrogation, both the accused Vakeel and Sahib disclosed that they used to extort money from victims by video calling on their mobile numbers and their associate Sabir used to collect mobile numbers of victims, police said.
During video calling, they used two mobile phones, one was used for WhatsApp calling to victims while the other mobile phone contained obscene videos.
Thereafter they used to record the purported video and sent it to the victim on the pretext to circulate the recorded video on social media sites, it alleged.
In this case, accused Sabir and applicant Vakeel had made a video in their village.
While calling, two mobile sets were used by the accused Sabir and applicant Vakeel, police submitted.
After calling and screen recording accused Sabir has sent the obscene video to the victim with the intention to threaten/extort money on the pretext to circulate on various social media sites, it claimed.
Accused Sahib made a call to the Minister on his mobile number from a mobile number to threaten him, by the purported aide of the lady. The accused claimed to be an officer of the Crime Branch, Police alleged.
The mobile recovered from the applicant has been deposited in the FSL and the report is still awaited, said the police. (ANI)