Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist.

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita .

2. Petitioner is the accused in Crime No. 878 of 2024 of Edathua Police Station. The above case is registered against the petitioner alleging offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

3. The prosecution case is that, on the basis of promise to arrange job in Australia, the petitioner obtained Rs.65,00,000/- through bank account of the deceased Saranya, her friend and relatives. The petitioner could not arrange the job as promised and failed to return the money. Because of the same, Saranya committed suicide.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. The counsel for the petitioner submitted that even if the prosecution case is accepted in toto, the offence under Sec. 108 BNS is not attracted. The counsel submitted that he is ready to abide any conditions, if this Court grant him bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the arrest of the petitioner in this case was recorded on 12.10.2024.

6. This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that several cases are registered against the petitioner. As per order dated 12.12.2024 in BA No. 9428 of 2024 and other connected cases, this Court released the petitioner in four other cases. Whether the o ffence under Sec. 108 BNS is attracted in the facts and circumstances of this case, is a matter to be investigated. I do not want to make any observation about the same. But, considering the detention period, I think the bail can be granted to the petitioner, after imposing stringent conditions.

7. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870] , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.

8. Moreover, in Jalaluddin Khan v. Union of India [2024 KHC 6431] , the Hon'ble Supreme Court observed that:

“21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied)

9. In Manish Sisodia v. Directorate of Enforcement [2024 KHC 6426] , also the Hon'ble Supreme Court observed that:

“53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High Cou