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RAJASTHAN HIGH COURT
Devendra Kachhawaha, J.
Mohit Bhati - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 14388 of 2021
Decided On : 21-12-2021
[BAIL] - [CRIMINAL PROCEDURE] - [The court granted bail under Section 439 Cr.P.C. to the petitioner, considering the long-standing relationship between the petitioner and the prosecutrix, the nature of the evidence including WhatsApp communications, and the lengthy trial process ahead. The court emphasized the need for a balanced approach without prejudging the merits of the case.]
Fact of the Case:
The petitioner, Mohit Bhati, is in judicial custody for an alleged offence under Section 376(2)N of the IPC, with a bail application filed on his behalf. The petitioner claims to have been falsely implicated and has been in custody since 12.10.2021.
Finding of the Court:
The court reviewed the available material, including the charge-sheet and WhatsApp communications between the petitioner and the prosecutrix, and noted the age of the prosecutrix. It concluded that the circumstances warranted the acceptance of the bail application.
Issues: Whether the petitioner should be granted bail considering the nature of the allegations, the evidence presented, and the duration of custody.
Ratio Decidendi: The court determined that the evidence, including the relationship between the parties and the nature of the communication, justified granting bail, emphasizing that the trial would take a significant amount of time.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.
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.
The court established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that the accused is not a flight risk and the trial is expected to be prolonged.
The court established that the grant of bail is appropriate when the trial is likely to be lengthy and when co-accused have been granted similar relief, emphasizing the importance of equal treatment ....
The court established that the grant of bail can be influenced by the duration of custody, the nature of the offences, and the treatment of co-accused in similar circumstances.
The court established that bail should be granted based on the principle of equality among co-accused and the consideration of trial duration, reinforcing the presumption of innocence.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The court established that prolonged judicial custody without trial, along with the filing of a charge-sheet, can justify the granting of bail under Section 439 of the Cr.P.C.
The court established that bail can be granted under Section 439 Cr.P.C. when the charge-sheet is filed, co-accused have been granted bail, and the trial is likely to be prolonged.
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