HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
AJAYSINH @ GOTI S/O. GIRIRAJSINH RANA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant claims innocence (Para 3) |
| 2. state opposes bail application (Para 4) |
| 3. factors for granting bail (Para 5) |
| 4. consideration of case facts (Para 6) |
| 5. bail granted (Para 8 , 9 , 10) |
| 6. trial court's discretion (Para 11) |
| 7. rule made absolute (Para 12) |
ORDER :
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.11191035240223 of 2024 registered with Naroda Police Station, Ahmedabad, for the offence under Section 302 of the Indian Penal Code, 1860.
4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant was having clear motive to commit the offence, when the applicant was in jail, the deceased, who happened to be mother-in-law of the applicant, had performed marriage of wife of the applicant with someone else and therefore, by keeping the grudge, the applicant has committed murder of the deceased. Therefore, if he is released on bail, possibility cannot be ruled out to tamper with the evidence and hamper the witnesses. Therefore, application does not deserve
Bail is the rule and jail is the exception; lack of corroborative evidence justifies granting bail under personal liberty principles.
Bail is a rule and jail is an exception, emphasizing personal liberty and the need for careful consideration of the accused's circumstances.
The principle of bail as a rule and jail as an exception is upheld, emphasizing personal liberty and the presumption of innocence.
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; 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 the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
Bail is the rule and jail is the exception; personal liberty under Article 21 must be upheld unless substantial grounds exist to deny bail.
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 a rule and jail is an exception; personal liberty must be prioritized unless substantial evidence suggests otherwise.
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