HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
DHANJIBHAI KHENGARBHAI CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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 “BNSS”) for regular bail in connection with FIR being C.R. No.11213092240472 of 2024 registered with Atkot Police Station, District : Rajkot Rural for the offences punishable under Sections 65(a), 65(e), 81 and 98(2) of the Gujarat Prohibition Act and Sections 111(3) and 111(4) of the BNS.
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and the allegations against the present applicant is that he is driver from his conscious possession, muddamal is recovered. Nothing is required to be recovered and discovered from the accused. Substantial part of the investigation is over. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that applicant is involved in similar type of activity. Hence, he has requeste
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 pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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 principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
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.
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; pre-trial detention is unjustified when significant delays in prosecution occur.
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.
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