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 :
2. He is permitted to file his appearance.
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.
6. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed.
8. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(2) Inves
Sanjay Chandra vs. Central Bureau of Investigation
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh
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.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
Bail – Young age of accused and period of custody are favourable factors for grant of bail.
The court granted bail under BNSS Section 483, emphasizing the need for strict conditions due to the Applicant's criminal history and the nature of allegations.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.