HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BRIJESHKUMAR (BRAJESHKUMAR) BHAGWATIPRASAD SRIVASTAVA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
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.11199001240909 of 2024 registered with City C Division Police Station, District Bharuch for the offences punishable under Sections 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 (for short “IPC”) and sections 66(c) and 66(d) of the Information Technology Act.
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. The allegation against the applicant is that he has told the complainant that there was a scheme of NSE, wherein the investment could be made and also assured of good returns pursuant to which the complainant and other relatives made investments amounting to Rs.63,94,000/- and later on, it came to knowledge that the accused were not appointed in NSE nor they are the ofÏcers of NSE and thereby the accused have committ
Bail is the rule and jail is the exception; courts must consider the nature of allegations and personal liberty when deciding bail applications.
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.
The principle that 'bail is a rule and jail is an exception' was upheld, emphasizing personal liberty and the need for careful consideration of bail applications.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
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.
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 a rule and jail is an exception; personal liberty is paramount under Article 21, and bail should be granted when no recovery is needed and charge-sheet is filed.
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; personal liberty under Article 21 must be upheld, especially when the charge-sheet is filed and no recovery is needed.
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