Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless justified otherwise.

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  requested to dismiss the present application for regular bail  looking to the nature and gravity of the offence.

5. While granting bail, the Court has to consider the  involvement of the accused in the alleged offence, the  jurisdiction to grant bail has to be exercised on the basis of the  well settled principles having regard to the facts and  circumstances of each case and the following factors are to be  taken into consideration while considering an application for  bail:  (I) the nature of accusation and the severity of the punishment  and the nature of the materials relied upon by the prosecution;  (ii) reasonable apprehension of tampering with the witnesses  and threat to the complainant or the witnesses; (iii) reasonable  possibility of securing the presence of the accused at the time  of trial or the likelihood of his abscondence; (iv) character  behavior and standing of the accused and the circumstances  which are peculiar to the accused; (v) larger interest of the  public or the State and similar other considerations are required  to be considered.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Substantial part of investigation is over and charge sheet is filed ;

(2) Applicant is behind the bars since 25.10.2024;

(3) Nothing is required to be recovered and discovered from the accused;

(4) considering the fact that three similar type of  offence is registered against him but he is already  acquitted; whereas co-accused has also been enlarged by  this Court. 

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012] 1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978) 1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a and enlarge the applicant on regular bail. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11213092240472 of 2024 registered with Atkot Police Station, Distri