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2021 DIGILAW 2395 (RAJ)

Mohit Bhati v. State of Rajasthan

2021-12-21

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - Mr. Rajendra Singh Bhati S/o Ram Singh Bhati, father of the petitioner, present-in-person. No one appears on behalf of the complainant. 2. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.419/2021, Police Station Mandore, District Jodhpur, registered for the offence punishable under Section 376(2)N of the Indian Penal Code. 3. Heard. Perused the material available on record. 4. The charge-sheet has been filed in this matter; petitioner and prosecutrix are known to each other for a long time; petitioner has falsely been implicated in this case; petitioner is behind the bars since 12.10.2021. 5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 6. Having regard to the facts and circumstances of the case, particularly looking to the Whatsapp chatting between the prosecutrix and the accused-petitioner; age of the prosecutrix; and the facts that charge-sheet has been filed in this matter; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application is allowed. It is ordered that the petitioner - Mohit Bhati S/o Rajendra Singh, arrested in connection with F.I.R. No.419/2021, Police Station Mandore, District Jodhpur, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.