HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAMESHBHAI JORUBHAI KATOSANA – 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 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. 11211045240428 of 2024 registered with Sayla Police Station, District Surendranagar, for the offences punishable under Sections 137(2), 87, 351(3), 54, 64(2)(i)(m) of The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under Section 12, 5(L), 6 of the POCSO Act .
3. Learned Advocate appearing on behalf of the applicant submits that the applicant is innocent and falsely implicated in the alleged offence. The charge sheet is filed and the allegations against the present applicant is that of abatement. Nothing has been recovered or discovered from the present applicant. He further 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 grant of regular bail looking to the nature and gravity of the offence.
5. While granting bail, the Court has to consider the involvement o
Sanjay Chandra vs. Central Bureau of Investigation
Gudikanti Narasimhulu And Ors vs. Public Prosecutor High Court of Andhra Pradesh
Bail is the rule and jail is the exception; courts must consider the nature of accusations and individual circumstances 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.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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; personal liberty under Article 21 must be upheld unless justified otherwise.
Bail is a rule, and jail is an exception; personal liberty under Article 21 must be prioritized, especially when the investigation is complete and trial is delayed.
Bail is the rule and jail is the exception; lack of corroborative evidence justifies granting bail under personal liberty principles.
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