HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAKESH CHAMPAKLAL CYCLEWALA @ MODI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. 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.11210030240885 of 2024 registered with Mahidharpura Police Station, Surat City, for the offence under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 and Sections 144(2) and 61(2) of the BNS.
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Chargesheet has been filed. The applicant has no past antecedent. Role of the applicant is that, the applicant is an owner of the guest house and he has facilitated the illegal activity. In such circumstances and considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is broker and six ladies were found during raid and sufficient material is collected against the applicant and he was owner of the Vijay Gu
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; considerations for granting bail include nature of accusations and absence of past criminal record.
The court emphasized that bail is a rule and pre-trial detention is an exception, affirming the presumption of innocence and personal liberty under Article 21.
Bail is a rule and jail is an exception, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless justified otherwise.
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 the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the accused has no prior record and the trial may take time.
The court granted bail despite the applicant's criminal history, emphasizing the need for careful consideration of the nature of allegations and the applicant's compliance with conditions.
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