HIGH COURT OF GUJARAT
HDS
SHANIBHAI MAHESHBHAI @ SUKHABHAI VEGDA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
[1.0] RULE. Learned APP waives service of rule for the respondent-State.
[2.0] 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.11203039240325 /2024 registered with Mendarda Police Station, Junagadh for the offences punishable under Section 64 of the BNS.
[3.0] The learned advocate for the applicants submits that the applicant has no involvement in the offence and has been falsely implicated. Now nothing is required to be recovered and discovered from the accused. Present applicant is 25 years old and he is arrested on 09.09.2024. No past antecedent is reported against the present applicant. There is consensual relationship between the present applicant and victim as family family came to know about the relationships and both have consumed poinsonous substance and after the said incident, they were survive. Commencement of trial will take its own time. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on successive regular bail by imposing suitable conditions.
[4.0] The Learned AP
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 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; 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; 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.
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 jail is the exception; personal liberty must be upheld unless substantial evidence suggests otherwise.
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 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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