HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
CHIRAG JAYESHBHAI SIHORA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] The present successive 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. 11210047241851 of 2024 registered with Udhana Police Station, Surat, for the offences punishable under Sections 420 and 114 of the Indian Penal Code, 1860.
[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence and now nothing is required to be recovered or discovered as the charge-sheet is filed. Earlier bail application came to be withdrawn as during the pendency of that application, chargesheet has been filed. Applicant is in jail since 21.10.2024. Offence is triable by JMFC Court. Allegation against the applicant is that, as the son of the complainant intended to get a job in UK, approached the applicant and entrusted the visa work and against the same, the applicant has received an amount of Rs.23,00,000/-. However, the applicant could not get work permit for the son of the complainant and therefore, the c
Bail is a rule and jail is an exception; personal liberty is paramount under Article 21, and bail should be granted when no recovery is needed and charge-sheet is filed.
Bail is the rule and jail is the exception; personal liberty must be considered alongside the nature of the allegations and evidence presented.
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 a rule and jail is an exception; personal liberty under Article 21 must be prioritized, considering the nature of accusations and the completion of investigations.
Bail is a rule and jail is an exception; personal liberty must be prioritized in absence of substantial evidence against the accused.
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.
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.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
The court emphasized that bail is a rule and jail is an exception, prioritizing personal liberty and the completion of investigation in granting bail.
The court granted bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, emphasizing the need for conditions to prevent misuse of liberty.
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