Back
2025 Supreme(GUJ) 325
HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
VANRAJSINH MANSANG GOHIL – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 21376 of 2024
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless strong grounds exist for denial.
Headnote:
(A) Bharatiya Nyaya Suraksha Sanhita, 2023 - Section 483 - Bail application - The applicant sought regular bail in connection with FIR for offences under IPC and Gujarat Money Lenders Act, claiming false implication and lack of evidence. The court considered factors such as nature of accusation, severity of punishment, and possibility of tampering with evidence. (Paras 2, 5, 6, 7)
(B) Bail Jurisprudence - The principle that 'bail is a rule and jail is an exception' was emphasized, alongside the importance of personal liberty under Article 21 of the Constitution. (Paras 7, 8)
Facts of the case:
The applicant has been in jail since 03.10.2024, with allegations of extortion and illegal money lending. The complaint was filed after a delay of two years, and the investigation is complete. (Paras 3, 6)
Findings of Court:
The court found that the applicant's continued detention would amount to pre-trial conviction, thus granting bail. (Paras 8, 12)
Issues: The main issues included the nature of the allegations and the applicant's involvement in the offence. (Paras 5, 6)
Ratio Decidendi: The court ruled that the applicant is entitled to bail considering the principles of bail jurisprudence and the circumstances of the case. (Paras 7, 8)
Result: The application for bail is allowed, subject to conditions. (Paras 8, 12)
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 CR-I/11185004241170 of 2024 registered with Jam-Khambhaliya Police Station, District : Devbhumi Dwarka for the offences punishable under Sections 386, 504, 506(2) and 114 the Indian Penal Code, 1860 (for short “IPC”) and Sections 5, 33 and 42(a) of the Gujarat Money Lenders Act.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 03.10.2024. It is submitted that complaint is filed belatedly after a period of 2 years. Sale deed came to be executed and total consideration being paid, whatever allegation is levelled for extortion is far from truth. Nothing is required to be recovered and discovered from the accused and applicant is having no past antecedents. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions.
4. Learned advocate Mr.Dave for the original Complainant has tendered affidavit of original Complainant, which is taken on record.
4.1. Learned advocate for the original Complainant and learned APP appearing on behalf of the respondent-State have opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the present applicant has extorted the money by charging huge rate of interest, not only that, he forcibly executed the sale-deed in his favour and received money without any licence of the money lending. Accused has not paid the money and duped the complainant and extorted the money. If he released on bail, then possibility cannot be ruled out to tamper with the evidence and he administered the threat to the witnesses and amount yet to be recovered. Therefore, the present application may be dismissed.
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 behaviour 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) The applicant is in jail since 03.10.2024;
(2) investigation is over and charge-sheet is filed;
(3) The allegation against the present applicant is that he has extorted the money and without any licence lended the money at the huge rate of interest and got registered sale-deed in his favour, for that no any civil proceeding has been filed and offence is registered belatedly.
Case is based on the documentary evidence.
(4) commencement of trial will take its own time;
(5) Now, nothing required to discover or recover from the accused and there is no possibility of the trial taking place in the near future.
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 Naras
