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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MAHESHBHAI MAHENDRABHAI RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant claims innocence (Para 3) |
| 2. respondent opposes bail (Para 4) |
| 3. considerations for bail (Para 5) |
| 4. aspects considered by court (Para 6) |
| 5. bail granted with conditions (Para 8) |
| 6. conditions for bail (Para 9) |
| 7. bail bond execution (Para 10) |
| 8. observations on evidence (Para 11) |
| 9. rule made absolute (Para 12) |
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present successive bail 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.11199056240242 of 2024 registered with Vagra Police Station, Dist. Bharuch, for the offence under Sections 302, 143, 147 and 149 of the Indian Penal Code, 1860.
3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Allegation against the accused is that, deceased Prakashsinh had teased and molested the wife of one Kanubhai Maganbhai Rathod and by keeping the grudge, all the accused formed an unlawful assembly with deadly weapons and killed the deceased. In
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld in the absence of strong evidence against the accused.
Bail is the rule and jail is the exception; lack of corroborative evidence justifies granting bail under personal liberty principles.
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, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
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 court emphasized that bail is a rule and pre-trial detention is an exception, prioritizing personal liberty and the absence of evidence against the accused.
Bail is the rule and jail is the exception; personal liberty must be upheld unless substantial evidence suggests otherwise.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
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