HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SURENDRAKUMAR BIJOYKUMAR PODDAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. applicant is innocent (Para 2 , 3) |
| 2. opposition to bail application (Para 4) |
| 3. considerations for bail (Para 5 , 6 , 7 , 8) |
| 4. release conditions (Para 9) |
| 5. bail bond execution (Para 10) |
ORDER :
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.11210015240035 of 2024 registered with DCB Police Station, Surat City, for the offence under Sections 409 and 120B of 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. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. Learned APP appearing on behalf of the respondent-State and Mr. Virat Popat, learned advocate appearing for the complainant have jointly opposed the present application and submitted that, the applicant is very much involved in the offence. Therefore, present appl
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 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.
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 the rule and jail is the exception; courts must consider the nature of accusations and the presumption of innocence when granting bail.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld unless justified otherwise.
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; pre-trial detention is unjustified when significant delays in prosecution occur.
Bail is a rule and jail is an exception; considerations for granting bail include nature of accusations and absence of past criminal record.
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