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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ANAND S/O PRAKASH SADASHIV JADHAV – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. learned app waives service (Para 1) |
| 2. the present application is filed (Para 2) |
| 3. learned advocate appearing on behalf (Para 3) |
| 4. learned app appearing on behalf (Para 4) |
| 5. while granting bail, the court (Para 5) |
| 6. i have heard the learned advocates (Para 6 , 7) |
| 7. in the facts and circumstances (Para 8 , 9 , 10 , 11) |
| 8. rule is made absolute (Para 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 C.R. No.11191034240154 of 2024 registered with Naranpura Police Station, Ahmedabad City for the offences punishable under Sections 340(2), 336(3), 336(2), 319(2), 318(2), 308(2), 204 and 61 of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and sections 66(c) and 66(d) of the Information Technology Act.
3. 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. Further, the applicant has not forged any document
Bail is the rule and pre-trial detention is the exception; courts must consider the nature of allegations and personal liberty under Article 21.
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, emphasizing personal liberty under Article 21, especially when the accused has no prior record and the trial may take time.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial risks are present.
Bail is the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
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 under Article 21 must be upheld, especially when the charge-sheet is filed and no recovery is needed.
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.
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