Praful Bhati vs State Of Rajasthan
2021 Latest Caselaw 9351 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4517/2021

Praful Bhati S/o Shri Sumernath, Aged About 19 Years, Gangashahar, District Bikaner. (At Present Lodged At District Jail Bikaner).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. S.R. Pandit (through VC) For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

Mr. Abhishek Mehta, for the complainant (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/05/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.06/2021 of Police

Station Gangashahar, District Bikaner for the offences punishable

under Sections 363, 366A, 376(2)(n), 450, 506 of IPC and under

Section 5/6 of POCSO Act. He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

allegation of sexually assaulting the daughter of the complainant

is absolutely false. It is submitted that there is delay in filing the

FIR, however, no satisfactory explanation regarding the same has

been provided. It is submitted that the prosecutrix was major at

(2 of 2) [CRLMB-4517/2021]

the time of filing of the FIR, however, the allegation of sexual

assault against the petitioner levelled by her while she was minor

is false. It is further submitted that charge-sheet has been filed

and trial of the case will take time.

Learned Public Prosecutor as well as counsel for the

complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Praful Bhati S/o

Shri Sumernath shall be released on bail in connection with FIR

No.06/2021 of Police Station Gangashahar, District Bikaner

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

19-Taruna/-

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