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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SANKETBHAI ASHVINBHAI DESAI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant claims innocence (Para 3) |
| 2. opposition to bail application (Para 4) |
| 3. considerations for granting bail (Para 5) |
| 4. aspects considered by the court (Para 6) |
| 5. principle of bail jurisprudence (Para 7) |
| 6. application for bail allowed (Para 8 , 9) |
| 7. bail bond execution (Para 10) |
| 8. observations on evidence (Para 11) |
| 9. rule made absolute (Para 12) |
ORDER :
HASMUKH D. SUTHAR, J.
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 “ BNS S”) for regular bail in connection with FIR being C.R. No.11191034240154 of 2024 registered with Naranpura Police Station, Ahmedabad City for the o punishable under Sections 340(2), 336(3), 336(2), 319(2), 318(2), 308(2) , 204 and 61 of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) 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. Further, the applicant has not for
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 pre-trial detention is the exception; courts must consider the nature of allegations and personal liberty under Article 21.
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.
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