Sonia Dhawan's lawyer has filed a fresh petition in Surajpur district court for her bail. In the appeal, he has stressed upon the instance of Rohit Chomwal, one of the four accused managing to get a stay on his arrest from the Allahabad High Court.
Chomwal had allegedly made extortion calls to Paytm's founder Vijay Shekhar Sharma and his brother Ajay Shekhar Sharma. It was only after his tip that Dhawan, her husband Rupak Jain and an admin resource of Paytm, Devender Kumar were arrested for allegedly being a part of the extortion bid.
Giving a reference of a 1994 case of Joginder Kumar Versus state of Uttar Pradesh, the Allahabad High Court on November 12 directed that Chomwal, shall not be arrested, till credible evidence was collected by the investigation officer during investigation.
"It is an important aspect. We have included it in the fresh bail appeal," Satish Kumar, Dhawan's lawyer told Moneycontrol.
He had withdrawn her bail application following the chargesheet filed by the Noida Police on December 11.
The bail hearing will take place on January 2, 2019.
Noida Police chargesheeted Dhawan, Jain, Dvender Kumar and Chomwal in this case earlier this month.
The four were charged under Act - 381, 384, 386, 420, 120B and 66 in the first information report (FIR). These include -- theft by clerk or servant of property, extortion, criminal conspiracy, sending offensive messages through communication service.
The charges levied in the chargesheet are the same that were mentioned in the FIR.
Basis the chargesheet, the court will have the first trial on December 17.
Also Read: Paytm data theft case: Stay order on Chomwal's arrest may make it easier for Sonia Dhawan, husband to get bail
Jain whose bail appeal was rejected by the district court has now filed the bail petition in the Allahabad High Court. The hearing for the same is likely to happen in the first week of January.