HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
DILIPBHAI @ DIPU GORDHANBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
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.11215002241200 of 2024 registered with Anand Town Police Station, Anand for the offences punishable under Sections 189(2) , 191(3) , 191(2) , 64(2)(m), 190 , 351(3) , 352 and 329(3) of the Indian Penal Code, 1860 (for short “ IPC ”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 135 of the GP Act.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant has been in jail since 30.11.2024. It is submitted that the charge sheet has been filed, and the investigation is over. Upon perusal of the FIR, it is evident that there was a consensual relationship between the applicant and the victim. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions.
4. Learned APP appearing on behalf of th
Sanjay Chandra vs. Central Bureau of Investigation
Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh
Bail is the rule and jail is the exception; the court emphasized the importance of personal liberty and the need for careful consideration of the circumstances surrounding bail applications.
The court emphasized that bail is a rule and jail is an exception, prioritizing personal liberty and the completion of investigation in granting bail.
The court emphasized that bail is a rule and jail is an exception, considering personal liberty and the nature of allegations in 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.
The presumption of innocence and the right to personal liberty must prevail unless substantial evidence suggests the accused's involvement in the crime.
Bail is the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when trial will take time and no recovery is pending.
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 pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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 jail is the exception; personal liberty must be considered alongside the nature of the allegations and evidence presented.
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