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DEVENDRA KACHHAWAHA
Mohit Bhati – Appellant
Versus
State of Rajasthan – Respondent
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
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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