Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(GUJ) 394

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
RAMESHBHAI JIVABHAI SABAD – Appellant
Versus
STATE OF GUJARAT – Respondent

Petitioner Advocates:MR Y J PATEL(3985) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Judgement Key Points

Key Points: - The investigation is over and charge-sheet filed; victim discharged; trial will take time. (!) (!) (!) (!) - Bail is considered a rule with jail as exception, upholding personal liberty; presumption of innocence until proven guilty. (!) - The Court granted bail on successive regular bail with conditions including: personal bond and surety of Rs. 25,000 each; various liberty and reporting restrictions; surrender of passport; stay within Gujarat with restrictions; monthly police presence; provision of UIDAI/contacts and address; prohibition on illegal activity; trial court duties; non-contact with evidence; and potential modification of conditions by the trial court. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) - Factors to consider for bail include nature of accusation, severity, tampering risk, accused’s character, and public interest. (!) - The court relied on Sanjay Chandra and Gudikanti Narasimhulu principles and stated bail is the rule and jail is the exception. (!)

What is the standard for granting bail as applied in this case?

What are the conditions imposed on the applicant for successive regular bail?

What factors did the Court consider in deciding to grant bail.

Table of Content
1. applicant is innocent (Para 3)
2. opposed the present application (Para 4)
3. consider the involvement of the accused (Para 5 , 6 , 7)
4. fit case to exercise discretion (Para 8 , 9 , 10 , 11 , 12)

ORDER :

Leave to amend.

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 successive regular bail in connection with FIR being CR-No.I-11208050240986 of 2024 registered with Rajkot City “A” Division Police Station, Rajkot for the offences punishable under Sections 117(2), 118(1), 351(3), 324(2), 54, 61(2)(A), 119(1) and 119(2) of the BNS and Section 135 of the GP Act.

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 charge-sheet has been filed. The injured/victim is discharged from the hospital and out of danger. Commencement of trial will take its own time. Whatever evidence is collected during the investigation, there is no possibility to tamper with the evidence. He therefore submits that, considering the nature of the