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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 :
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.11191035240223 of 2024 registered with Naroda Police Station, Ahmedabad, for the offence under Section 302 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. Complaint is lodged against unknown person/s. During the investigation, the applicant is arrested. There is no any eyewitness or any piece of corroborate evidence is collected. However, merely based on the confessional statement, the applicant has been arraigned as an accused. Except this, no role is attributed the applicant. Fu
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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