HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
VIPINBHAI MAHASUKHLAL BAVISHI – 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 regular bail in connection with FIR being C.R. No.11210047241694 of 2024 registered with Udhana Police Station, Surat for the offences punishable under Sections 409, 420, 465, 468, 471, 120(B), 504, 506(2), 467 and 201 of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 14.08.2024. It is submitted that the present applicant has no involvement in the offence and is merely the father of accused No.1. The allegations of forgery are solely against his son, and all the evidence collected is against his son. There is no evidence indicating the applicant's involvement, nor has he played any role in the offence. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable
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.
Bail is a rule and jail is an exception; personal liberty must be prioritized in absence of substantial evidence against the accused.
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 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 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; 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 the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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