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2018 (6) TMI 1709 - HC - Indian LawsGrant of Regular Bail - Blackmail and Extortion - threat to publicize morphed photographs - HELD THAT:- While an exhaustive study of the authorities on the point may disclose some degree of oscillation in the precedential pendulum, the unalterable median is, and always is, that bail is the rule, and jail is the exception; the corollary would be that, if one is to abandon the rule, and embrace the exception, there must necessarily be overwhelming reason, and justification, to do so - To arrive at any opinion, it would be necessary to examine the cases of the individual applicants, individually. While doing so, this Court is required to be alive to the fact that investigations, in the present case, are as yet incomplete, as several of the alleged extortionists/blackmailers, named by the complainant or by the witnesses, are yet to be traced and apprehended. Bail Application 752/2018, of Harish Tiwari, and Bail Application 1332/2018, of Subhash Sharma, are rejected. Bail Application 401/2018, of Ashok Sagar, is allowed, and he is directed to be released on bail, subject to his furnishing security to the tune of ₹ 1 lakh, along with two solvent sureties of like amount, to the satisfaction of the learned Trial Court - the release shall be subject to various conditions imposed. Bail application disposed off.
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