Rajasthan High Court – Jodhpur
Jaya Bhati vs State Of Rajasthan (2025:Rj-Jd:18498) on 15 April, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:18498]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2865/2025
Jaya Bhati W/o Kishan Bhati, Aged About 36 Years, R/o
Butalwada Modasa, Gujrat At Present Giriraj Colony, Suthla, P.s.
Pratap Nagar, At Present Residing At Flat Of Bahadur Singh, 11
Sector, Kudi Bhagtasani, Jodhpur (Lodged In Central Jail,
Jodhpur)
----Petitioner
Versus
1. State of Rajasthan, through PP
2. Lata Ben W/o Prabha Shankar, R/o Butalbara, Modas,
Modasa Town, Aravali, Gujrat
----Respondents
For Petitioner(s) : Mr. Manish Dhebana
For Respondent(s) : Mr. Sharwan Singh Rathore, P.P.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
15/04/2025
1. This application for bail under Section 483 BNSS
(Section 439 Cr.P.C.) has been filed by the petitioner who has
been arrested in connection with F.I.R. No.281/2024 registered at
Police Station Pratap Nagar, District Jodhpur, for offences under
Sections 64(2)(M), 65(1), 318(4) & 61(20 of BNS and Section 5/6
of POCSO Act.
2. Heard learned counsel for the petitioner and learned
Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the
main accused – Mohangiri has been enlarged on bail by the
learned trial Court vide order dated 25.03.2025 on the ground
that the victim – PW.1 in her examination has stated that the
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accused has not committed any wrong and further the
complainant – PW.2 has refused to depose anything against the
accused and has also stated that the accused has not committed
any wrong. He also submits that the victim – PW.1 has turned
hostile as she in her statements before the learned trial Court has
deposed that the present petitioner had not sold the victim – PW.1
to anybody.
4. Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
5. In view of the fact that the main accused – Mohangiri
has been enlarged on bail and taking into consideration that the
victim has deposed before the learned trial Court that no wrong
has been committed by the accused and further she has also
deposed before the learned trial Court that her mother has not
sold her to anybody, this Court deems it fit to enlarge the
petitioner, who is the mother of the victim, on bail.
6. Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
7. Consequently, the bail application under Section 483
BNSS (Section 439 Cr.P.C.) is allowed. It is ordered that the
accused-petitioner Jaya Bhati W/o Kishan Bhati arrested in
connection with F.I.R. No.281/2024 registered at Police Station
Pratap Nagar, District Jodhpur, shall be released on bail, if not
wanted in any other case, provided she furnishes a personal bond
of Rs.50,000/- and two sureties of Rs.25,000/- each, to the
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satisfaction of learned trial Court, for her appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
8. It is however, made clear that findings
recorded/observations made above are for limited purposes of
adjudication of bail application. The trial Court shall not get
influenced by the same.
(DR. NUPUR BHATI),J
111-AnilKC/-
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