HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
JADEJA BHAGYARAJSINH PRAVINSINH – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “CrPC”) for regular bail in connection with FIR being C.R. No.11191032240318 of 2024 registered with Maninagar Police Station, Ahmedabad City for the offences punishable under Sections 376(2)(n), 294(b), 406 and 420 of the Indian Penal Code, 1860 (for short “IPC”).
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered as the charge-sheet is filed. Further, applicant is aged 23 years whereas the complainant victim is aged 35 years. The allegation against the applicant is that under the false pretext of marriage, applicant developed physical relationship with the complainant and thereafter denied marrying her. He therefore submits that, 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 requ
Bail is a rule and jail is an exception; personal liberty must be prioritized unless substantial evidence suggests otherwise.
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; lack of corroborative evidence justifies granting bail under personal liberty principles.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
Bail is the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
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 the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
Bail is a rule and jail is an exception; pre-trial detention is unjustified when significant delays in prosecution occur.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
Bail is a rule and jail is an exception, and there should not be pre-trial punishment.
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