Neutral Citation No. - 2025:AHC:42165 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41568 of 2024 Applicant :- Sudama Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Singh, learned Advocate holding brief of Sri Vivek Tripathi, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0432 of 2022, under Sections 306, 420 IPC and Section 66C, 66D I.T. Act, Police Station Jaswant Nagar, District Etawah during pendency of the trial. 3. Learned counsel for the applicant submits, nobody was named in the FIR and as per FIR of the present case on the basis of obscene video of the son of the informant, he was being blackmailed and under pressure he transferred money in the account of different persons and committed suicide. 4. He further submits, applicant is not named in the FIR but in the FIR his mobile number was disclosed, therefore, during investigation he has been made accused in the present matter. 5. He further submits, however, in the account of applicant total about Rs. 8,000/- were transferred but merely on this ground it cannot be said that applicant abeted the deceased to commit suicide. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.09.2024 i.e. for last more than five months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant and others blackmailed the deceased on the basis to make viral his obscene video and received money from him in their accounts and deceased also transferred total about Rs. 8,000/- in his account but applicant is not having any criminal history and in the present matter he is in jail since 26.09.2024 i.e. for last more than five months. 10. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail should not be dismissed for punitive purpose and bail is a rule while bail rejection is an exception. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sudama Lodhi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.3.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad