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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
VIPULKUMAR KURJIBHAI NAKUM – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] The appellant has filed this Appeal under Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act read with Section 482 of the Bhartiya Nyay Suraksha Sanhita, for enlarging the appellant on Regular Bail in connection with FIR being C.R. No.11191036240207 of 2024 registered with Navrangpura Police Station, Ahmedabad, for the offences punishable under Sections 376(2)(n) of IPC and Sections 3(2)(v), 3(1)(w)(i) and 3(1)(w)(ii) of the Scheduled Castes adn Schedule Trives (Prevebtion of Atrocities) Act, 1989.
[2.0] Learned advocate appearing on behalf of the appellant submits that appellant is innocent and has been falsely implicated in the offence. The applicant is 24 years old and it is alleged against him that, under the pretext of marry, the applicant has developed relation with the victim. In this regard, FIR came to be filed. Complaint is filed belatedly. The applicant and victim stayed together and relationship was consensual in nature. The appellant has no past antecedent. Nothing is required to be recovered from the appellant. He therefore submits that, considering the nature of the offence, the appellant may be
Bail is a rule and jail is an exception; prima facie case under the Atrocities Act not established.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless substantial grounds exist for denial.
Bail is a rule and jail is an exception; courts must consider the nature of accusations, public interest, and the accused's character when granting bail.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless strong grounds exist to deny bail.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the investigation is complete and no further recovery is needed.
Bail is the rule and jail is the exception; courts must consider the presumption of innocence and the completion of investigation when granting bail.
The court found that the appellant made a sufficient case for bail, emphasizing the consensual nature of the relationship and errors in the trial court's assessment.
Bail is a rule and jail is an exception; personal liberty must be prioritized unless substantial evidence suggests otherwise.
Bail is the rule, and incarceration should be the exception, requiring careful consideration of the nature of the crime and potential for witness tampering.
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