Bombay HC Grants Pre-Arrest Bail To Man Accused As 'Messenger' In ₹40 Lakh Extortion Case

Mumbai: Observing that custodial interrogation was not necessary for a man allegedly acting merely as a “messenger” in an extortion attempt, the Bombay High Court on Friday granted pre-arrest bail to a man in connection with a Rs 40 lakh extortion case.

Vacation Judge, Justice Ashwin Bhobe, passed the order on pre arrest bail plea filed by Dhanraj Shinde who is booked by Dehu Road Police Station, Pune, where he is alleged to have been sent by the main accused to collect money from the complainant.

According to the FIR dated January 17, 2024, three individuals conspired to extort Rs 40 lakh from a contractor by threatening legal action regarding his construction work. Two of the accused — alleged masterminds of the conspiracy — were arrested on February 20 and later released on bail on February 27 by a magistrate’s court in Vadgaon, Maval.

Shinde’s advocate argued that he had a limited role. “The applicant was merely a messenger sent by the main accused to the complainant. The main accused are already on bail, and there is no need for custodial interrogation. He will cooperate fully and has no criminal antecedents,” he said.

However, additional public prosecutor, opposing the plea, cited instructions from the investigating officer stating that Shinde’s presence was captured in CCTV footage. “His presence is required for identification purposes,” he said. “Also, the applicant has criminal antecedents.”

Justice Bhobe noted that no extortion money was actually paid and no recovery was pending from the applicant. “The nature of the allegations against the applicant is that of being a messenger. The main accused have already been released on bail,” the judge observed, adding that Shinde’s custodial interrogation was not warranted.

The court granted Shinde pre-arrest bail with conditions, including furnishing a personal bond of Rs 1 lakh, reporting to the Dehu Road Police Station, and not leaving Maharashtra without permission. The applicant has also been directed not to tamper with evidence or influence witnesses.