Court emphasizes "bail is a rule and jail is an exception," grants bail to Kavitaben Manharlal in alleged cheating and breach of trust case.
The Gujarat High Court, in a significant decision, has granted regular bail to Kavitaben Manharlal @ Manoj Babulal Soni, who was accused in a case involving allegations of cheating and criminal breach of trust. The judgment was delivered by Justice Hasmukh D. Suthar on August 25, 2026, in the case titled "Kavitaben Manharlal @Manoj Babulal Soni v. State of Gujarat."
The case originated from an FIR registered at Himmatnagar "A" Division Police Station, Sabarkantha, under Sections 316(2), 316(5), 61(2), and 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The allegations against the accused involved running a marriage bureau named 'Divya Shakti,' where it was claimed that they had taken Rs. 2.10 lakh as brokerage for a marriage arrangement which allegedly did not proceed as promised.
In his detailed order, Justice Suthar underscored the importance of personal liberty as guaranteed under Article 21 of the Constitution of India. He reiterated the principle that "bail is a rule and jail is an exception," a cornerstone of bail jurisprudence. The court also considered the completion of the investigation and the filing of the charge-sheet as critical factors favoring the granting of bail.
The court laid down several conditions for granting bail, including the execution of a personal bond of Rs. 25,000 with one surety of the like amount. The accused was instructed not to misuse her liberty, to surrender her passport, and to mark her presence at the local police station monthly for six months, among other conditions.
In opposing the bail, the State had argued the gravity of the offence and the potential for the accused to flee. However, the court found that the prosecution had not demonstrated sufficient reasons to prolong detention, especially since the trial was expected to take time.
This decision aligns with the precedents set by the Supreme Court in cases like "Sanjay Chandra vs. Central Bureau of Investigation" and "Gudikanti Narasimhulu vs. Public Prosecutor," which emphasize the need to uphold personal liberty and avoid pre-trial incarceration.
The judgment has been hailed as a reinforcement of the principles of justice, particularly the presumption of innocence until proven guilty. The case will continue to be monitored as it proceeds to trial, but the bail order ensures that the accused will not face undue detention.
Bottom Line:
Regular bail granted to accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the principles of bail jurisprudence, including "bail is a rule and jail is an exception," and the personal liberty guaranteed under Article 21 of the Constitution of India.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Constitution of India Article 21
Kavitaben Manharlal @Manoj Babulal Soni v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2967930
