The court reaffirmed the principle that 'Bail is a rule and Jail is an exception' under Article 21 of the Constitution, granting bail where there is no criminal history or evidence of potential witness intimidation or flight risk.

1. Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

3. It is submitted by learned counsel for the applicant that applicant is the Junior Engineer in the electricity department and it is alleged that applicant had demanded Rs.70,000/- from the complainant for compounding of the offence although notice was issued by the department for compounding of Rs. 24,948/-. Learned counsel for the applicant further submits that subsequently co-accused Jay Prakash has been trapped with Rs. 40,000/- which is alleged to have been received by the co-accused at the behest of the applicant. Learned counsel for the applicant further submits that it is highly improbable that compoundable of Rs.25,948/- any person would pay 40 to 70 thousand rupees. The applicant has been falsely implicated in the case. The co-accused, Jay Prakash @ Munnesh has already been enlarged on bail by this Court by order dated 23.4.2026 passed in Criminal Misc. Bail Application No. 12681 of 2026. The applicant has no criminal history. Applicant is languishing in jail since 22.1.2026 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

4. Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

5. Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

6. It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

7. The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another , 2022 (10) SCC 51. Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

8. No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

9. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

10. Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State.

11. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

12. Let the applicant- Rajesh Kumar involved in Case Crime No. 0001 of 2026, under Section 7 of the Prevention o