HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
CHAUHAN FIROJKHAN RAHIMKHAN KAMALKHAN – Appellant
Versus
THE STATE OF GUJARAT – Respondent
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.11206023240368 of 2024 registered with Kheralu Police Station, Mehsana for the offences punishable under Sections 103(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and Section 135 of the GP Act.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 02.08.2024. It is submitted that the applicant is named in the FIR solely on the basis of suspicion, as there was a dispute regarding a monetary demand between the applicant and the deceased. There is no iota of evidence connecting the applicant to the offence, and there is also no eyewitness, despite the incident took place in a public place in broad daylight. Even the prosecution has failed to produce any evidence indicating the applicant's role in the commission of the offence or involvement in the present
Sanjay Chandra vs. Central Bureau of Investigation
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh
The presumption of innocence and the right to personal liberty must prevail unless substantial evidence suggests the accused's involvement in the crime.
Bail is the rule and jail is the exception; the court emphasized the importance of personal liberty and the need for careful consideration of the circumstances surrounding bail applications.
The court emphasized that bail is a rule and jail is an exception, prioritizing personal liberty and the completion of investigation in granting bail.
Bail is the rule and jail is the exception; personal liberty must be considered alongside the nature of the allegations and evidence presented.
The court emphasized that bail is a rule and jail is an exception, considering personal liberty and the nature of allegations in granting bail.
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 pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when trial will take time and no recovery is pending.
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; lack of corroborative evidence justifies granting bail under personal liberty principles.
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