HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
AASHIF BASHIR SHAIKH – 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.11823017241823 of 2024 registered with Rajpipla Police Station, Narmada for the offences punishable under Sections 87, 137(2), 64(2)(i) of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), and Section 4 of the POCSO Act and Sections 3(1)(w)(1),3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
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 charge-sheet is filed and investigation is over. Nothing is required to be discovered or recovered from the presnt applicant. There is a love affair between the victim and the applicant, and the victim is ready to marry the applicant. However, as they belong to different communities, the dispute has arisen. The applicant is in jail since 25.10.2024. It is further submitted
The court emphasized that bail is a rule and jail is an exception, prioritizing personal liberty and the completion of investigation in granting bail.
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.
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.
The court emphasized that bail is a rule and jail is an exception, considering personal liberty and the nature of allegations in granting bail.
The court emphasized that bail is a rule and pre-trial detention should not equate to a conviction, considering the applicant's age, lack of prior offences, and the nature of allegations.
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 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 pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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 a rule and jail is an exception; pre-trial detention is unjustified when significant delays in prosecution occur.
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