HIGH COURT OF GUJARAT
HDS
ARIF SIDDIQUE KURKUR (AARIF SIDDIQUE KURKUR) – 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 FIR being C.R. No.11207002240381/ 2024 registered with Godhra ‘B’ Division Police Station, Panchmahal for the offences punishable under Sections 336(2), 337, 338, 336(3), 340(2), 341(1) and 61(2) of BNS.
[3.0] The learned advocate for the applicants submits that the applicant has no involvement in the offence and has been falsely implicated. The applicant was arrested on 20.10.2024. Nothing is required to be recovered and discovered from the accused. Investigation is over and charge-sheet is filed. Applicant is having no past antecedents. 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] Learned APP has vehemently opposed the present application on the ground that merely filing of the charge-sheet is not a ground to grant bail. It is submitted that sufficient material is collected against the prese
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.
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 must be prioritized in absence of substantial evidence against the accused.
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 the rule and jail is the exception; personal liberty must be upheld unless substantial evidence suggests otherwise.
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.
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 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.
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.
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