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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Laljibhai Baubhai Dhola – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Learned APP waives service of rule for the respondent-State.
2. The present successive 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.11204046240569 of 2024 registered with Nadiad Town Police Station, Kheda for the offences under Sections 318(4), 61(2) and 111(1) (3) of BNS Act.
3. Learned advocate appearing on behalf of the applicant submits that the present application is the successive bail application, filed after submission of the charge-sheet and the investigation is already completed. He further submits that earlier bail application was preferred before filing of charge-sheet and therefore, the same waswithdrawn. He further submits that the FIR is filed against total 07 accused persons, wherein, the present applicant-accused is shown as accused no.1. He further submits that the incident occurred for the period between 20.05.2022 and 27.07.2024 and the FIR is registered on 27.07.2024. He further submits that alleged phone call was received to the complainant three years back and the date of commission of offence was three years back. He further submits
The principle of bail as a rule and jail as an exception was upheld, emphasizing personal liberty and the completion of investigation as key factors in granting bail.
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 the rule and jail is the exception, emphasizing personal liberty under Article 21, especially when the accused has no prior record and the trial may take time.
Bail is a rule and jail is an exception; courts must consider the nature of accusations and public interest when granting bail.
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 a rule, not an exception; personal liberty must be prioritized unless serious risks are present.
The court established that a limited role in the alleged crime and lack of substantial evidence can justify granting bail, emphasizing the need for careful consideration of bail applications.
The court emphasized that bail is the rule and jail is the exception, considering the applicant's lack of prior offenses and willingness to deposit funds.
The court emphasized the need to balance the gravity of allegations against the applicant's rights, allowing bail with strict conditions to prevent tampering with evidence.
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