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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
PRAKASHBHAI DHIRAJBHAI NAI – 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.11188011240329 of 2024 registered with Sathamba Police Station, Aravalli, for the offence under Sections 170, 465, 467, 468 and 471 of the Indian Penal Code, 1860.
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely roped in FIR. Investigation is over and chargesheet has been filed. Allegation against the applicant is that, he has forged ID card and impersonated as SDM in Revenue Department at Nadiad Jilla Seva Sadan and has issued forged appointment letters. Now nothing is required to be recovered from the applicant. Whatever the documents are already recovered. The applicant has only received Rs.3.80 lacs in his account and he is ready and willing to deposit whatever the amount this Court deems fit. Considering the nature of the offense, the applicant be granted regular bail with suitable conditions imposed.
4. Learned APP appearing on behalf of the respondent-State has opposed
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld when investigation is complete and no further recovery is needed.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when the charge-sheet is filed and no recovery is needed.
Bail is the rule and pre-trial detention is the exception; courts must consider the nature of allegations and personal liberty under Article 21.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
The principle that 'bail is a rule and jail is an exception' was upheld, emphasizing personal liberty and the need for careful consideration of bail applications.
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 the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
Bail is a rule and jail is an exception; personal liberty must be prioritized in absence of substantial evidence against the accused.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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