HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MUKESHBHAI @ MUKESHCHANDRA GOBUSINGH VANJARA – Appellant
Versus
STATE OF GUJARAT – Respondent
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 successive regular bail in connection with FIR being C.R. No.11201002240059 of 2024 registered with C.I.D. Crime Ahmedabad Zone Police Station, Ahmedabad for the offences punishable under Sections 319, 336, 338, 340 and 61 of the BNS and Section 7(1) of the State Emblem of India (Prohibition of Improper Use) Act, 2005.
3. Learned advocate for the applicant submits that the applicant has no involvement in the alleged offence and has been falsely implicated. The applicant was arrested on October 26, 2024. It is contended that no further recovery or discovery is required from the applicant. The applicant is arraigned as accused No.8, referred to as “Modha Saheb,” but he has neither met the complainant nor any witnesses and has not played any active role in the alleged commission of the offence. During the investigation, no material or evidence has been collected indicating the applicant's involvement concerning the acceptance or demand of any money or the creation of any forged documents. N
Bail is a rule and jail is an exception; personal liberty must be prioritized in absence of substantial evidence against the accused.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be prioritized, considering the nature of accusations and the completion of investigations.
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 the rule and jail is the exception; personal liberty must be considered alongside the nature of the allegations and evidence presented.
Bail is a rule and jail is an exception; personal liberty is paramount under Article 21, and bail should be granted when no recovery is needed and charge-sheet is filed.
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 when investigation is complete and no further recovery is needed.
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 court may grant bail after considering the gravity of the offense, the applicant's history of absconding, and the conditions necessary to ensure trial attendance.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld, especially when the charge-sheet is filed and no recovery is needed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.