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HIGH COURT OF GUJARAT
HDS
VIPUL @ DANTO VELJIBHAI SHERAJI – 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 appellant has filed this Appeal under Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act for enlarging him on Regular Bail in connection with FIR being C.R. No.11218006240859 of 2024 registered with Kirti Mandir Police Station, Porbandar, for the offences punishable under Sections 64(1) of BNS and Sections 3(2)(5) and 3(1)(w)(i) of the Atrocities 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. He has submitted that, due to quarrel took place between the victim and her husband, the victim left her matrimonial home and came into contact with the applicant and developed relationship. Further, the victim is major and applicant and victim were in love since last month and relationship was consensual in nature. In this regard FIR is filed. There is no proximate cause. Therefore, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP a
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless substantial grounds exist for denial.
Bail is a rule and jail is an exception; courts must consider the nature of accusations, public interest, and the accused's character when granting bail.
Bail is a rule and jail is an exception; prima facie case under the Atrocities Act not established.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the investigation is complete and no further recovery is needed.
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 under Article 21 must be upheld unless strong grounds exist to deny bail.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and individual circumstances when granting bail.
The court held that the grant of bail is appropriate when serious allegations lack substantial prima facie evidence, considering familial relationships and allegations' nature.
Bail is the rule and jail is the exception; courts must consider the presumption of innocence and the completion of investigation when granting bail.
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