Regular Bail under BNSS
Subject : Criminal Law - Bail Matters
In a significant judicial development, the High Court of Gujarat at Ahmedabad has granted regular bail to a 23-year-old student, Rakshit Ravish Chorasiya, in connection with a fatal road accident that occurred earlier this year. The order, passed by Hon'ble Mr. Justice Nikhil S. Kariel, addresses the complex intersection of severe criminal allegations and the rights of an individual facing prolonged pre-trial detention.
The case stems from an FIR registered at the Karelibaug Police Station in Vadodara. The applicant, then aged 23, faced charges under several sections of the Bharatiya Nyaya Sanhita (BNS)—most notably Section 105 regarding culpable homicide—alongside various provisions of the Motor Vehicle Act.
The prosecution’s case centered on a high-stakes collision involving three vehicles, which resulted in the loss of one life and injuries to nine others. The situation was further compounded by allegations that the applicant was under the influence of prohibited substances, specifically THC (Tetra Hydro Cannabinol) and Codeine, at the time of the incident.
During the proceedings, the counsel for the applicant emphasized the student’s clean record, the fact that the charge sheet had already been filed on June 10, 2025, and argued that indefinite incarceration served little legal purpose. The applicant expressed a willingness to adhere to any conditions deemed fit by the court.
Conversely, the State of Gujarat, represented by the Additional Public Prosecutor, vehemently opposed the motion. The State highlighted the gravity of the offense, the number of casualties, and the substance abuse allegations, urging the court to deny relief. Counsel for the original complainant similarly opposed the release, reflecting the victim's perspective on the tragic outcome.
In his analysis, Justice Nikhil S. Kariel focused on the balance between society's need for justice and the applicant's right to personal liberty. Acknowledging the "very serious" nature of the allegations, the court nonetheless took note of the applicant's youth and his nine-month tenure in custody since March 14, 2025.
Citing the legal principles established by the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation , the court emphasized that pre-trial detention should not be used as a tool for punishment, but rather as a means to ensure the integrity of the judicial process.
The court articulated its position through the following observations:
The High Court ultimately ordered the release of the applicant on a bond of Rs. 1,00,000, subject to a robust list of conditions, including the surrender of his passport, mandatory fortnightly check-ins with local police, and a requirement to seek permission before leaving the state.
This decision underscores the judiciary's role as a balancing mechanism in criminal justice—ensuring that even in cases involving grievous charges, the machinery of the law respects the timeline of the investigation. While the trial will proceed to determine culpability, the court’s decision offers a reminder that the presumption of innocence and the principle of proportionality remain cornerstones of the Indian legal system.
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pre-trial incarceration - culpable homicide - judicial discretion - road safety - statutory compliance - bail conditions
#BailGrant #GujaratHighCourt
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