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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
HITESHBHAI BABUBHAI VANKAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. no objection for bail (Para 1 , 2 , 3) |
| 2. application for bail filed (Para 4) |
| 3. falsely implicated (Para 5 , 8) |
| 4. opposed grant of bail (Para 6) |
| 5. consideration for bail (Para 7) |
| 6. bail jurisprudence (Para 9) |
| 7. application allowed (Para 10) |
| 8. release conditions (Para 11) |
| 9. bail bond execution (Para 12) |
ORDER :
1. Mr. Vatsal Prajapati, learned advocate submits that he has instructions to appear on behalf of the original complainant and submitted that he has no objection if the present applicant is released on bail.
2. He is permitted to file his appearance.
3.1. RULE. Learned APP waives service of rule for the respondent-State.
4. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11821005230807 of 2023 registered with Devgadh Bariya Police Station, Dahod for the offences punishable under Sections 363, 366, 376(2-n) and 376(3) of the Indian Penal Code, 1860 (for short “ IPC ”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Sections 4 and 6 of the POCSO Act.
5. Learned Advocate appearing on behalf of the applicant submits that the applicant has
Bail is a rule, and jail is an exception; personal liberty under Article 21 must be prioritized, especially when the investigation is complete and trial is delayed.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
Bail is the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
Bail is a rule and jail is an exception, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
The court emphasized that bail is a rule and pre-trial detention is an exception, prioritizing personal liberty and the absence of evidence against the accused.
Bail is a rule and jail is an exception; pre-trial detention is unjustified when significant delays in prosecution occur.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless justified otherwise.
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