HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAJAK @ SOPARI DAWOODBHAI CHAVDA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present application is Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11202009241437 of 2024 registered with Jamnagar City ‘B’ Division Police Station, Jamnagar, for the offence under Sections 120B, 381, 385, 386, 406, 411, 413, 414, 420, 422, 424, 506 and 506(2) of Indian Penal Code, 1860.
3. Learned advocate appearing on behalf of the applicants submits that applicant is innocent and has been falsely implicated in the offence and he has nothing to do with the offence. Present applicant is not connected with the Noor Transport and he has not participated in the alleged commission of crime. At the relevant point of time for the commission of offence, he was in the custody. Charge-sheet has been filed. Co-accused are enlarged on bail and therefore, on the ground of parity also, applicant deserves bail. The applicant has been arraigned as an accused in the guise of conspiracy, but he has not extorted money or administered threats. Co-accused have obtained loan from finance company and thereafter, unauthorizedly handed over the present appl
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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, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
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 a rule and jail is an exception; considerations for granting bail include nature of accusations and absence of past criminal record.
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 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 emphasized that bail is a rule and pre-trial detention is an exception, prioritizing personal liberty and the absence of evidence against the accused.
Bail is the rule and jail is the exception; lack of corroborative evidence justifies granting bail under personal liberty principles.
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