Rajasthan High Court – Jodhpur
Mohit vs State Of Rajasthan (2025:Rj-Jd:27327) on 17 June, 2025
[2025:RJ-JD:27327]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4818/2025
Mohit S/o Devilal Rawat, Aged About 21 Years, Jaitpura. P.S.
Bhinder, District - Udaipur (Raj.)
(Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Ojas Shakdwipeeya
For Respondent(s) : Mr. C.S. Ojha, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.215/2024, registered at Police Station
Kheroda, District – Udaipur for the offences under Sections 64(1)
of the BNS and Section 4 & 6 of the POCSO Act.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
As per the case of the prosecution, the complainant – father
of the prosecutrix has given a written report to the effect that on
26.11.2024 they went to their field. His daughter was alone at
home. In the evening when they returned home, they found that
his daughter was not at home. They searched for his daughter.
In the night they came to know that Mohit has took away his
(Downloaded on 17/06/2025 at 08:56:34 PM)
[2025:RJ-JD:27327] (2 of 3) [CRLMB-4818/2025]
daughter with him to Bhinder on the pretext of marriage with her
where he committed rape with her. Thereafter he left her daughter
at Kheroda Bus Stand at about 12:00 night. His daughter returned
to his house and narrated all the incident to them. She stated
that Mohit has taken her obscene photos and blackmailing her. He
is also demanding money from her otherwise he will made her
obscene. The accused-petitioner Mohit threatened them on phone
not to tell the incident to others.
Learned counsel for the petitioner argued that accused-
petitioner has been falsely implicated in the present case. He
further submitted that statements of victim and her father have
already been recorded before the learned Trial Court, wherein the
age and factum of incident was completely in contradiction. The
contents of the FIR shows that the prosecutrix left her home with
her own consent and after getting caught with the petitioner, she
lodged a false report. There were consensual relationship between
the petitioner and the prosecutrix.
Learned counsel for the petitioner further submitted that the
accused is in judicial custody since 22.12.2024 and the trial of the
case will take sufficiently long time, therefore, the accused-
petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that accused has committed a
serious crime of committing rape with the prosecutrix who is a
minor. Mohit has took away his daughter with him to Bhinder on
the pretext of marriage with her where he committed rape with
her. Thereafter he left her daughter at Kheroda Bus Stand at
(Downloaded on 17/06/2025 at 08:56:34 PM)
[2025:RJ-JD:27327] (3 of 3) [CRLMB-4818/2025]
about 12:00 night and narrated all the story to his father.
Therefore, he prayed that looking to the gravity of the offence,
benefit of bail may not be extended to the petitioner.
The prosecutrix examined as PW-1 has stated in her
examination in chief that the accused has took away her forcibly
on his motorcycle and committed rape behind the bushes nearby a
pond. Thereafter he took her to Kheroda Bus Stand and left her
there. PW-2 – father of the prosecutrix in his statement in chief
has reiterated the facts mentioned in his complaint. He levelled
the allegations of rape on the accused-petitioner. The allegations
of rape of a minor girl are there.
This Court finds that at this stage, when other relevant
prosecution witnesses are yet to be examined, it cannot be said
that the accused has not committed any offence. The involvement
of the accused in the commission of offence can be ascertained
only after recording of the statements of the witnesses. No
comment can be made on the merits/demerits of the case at this
stage.
Having regard to the facts and circumstances of the case,
this Court is not inclined to grant bail to the accused-petitioner.
The bail application is, therefore, rejected at this stage.
(CHANDRA PRAKASH SHRIMALI),VJ
40-Ramesh Goyal, P.S./-
(Downloaded on 17/06/2025 at 08:56:34 PM)
Powered by TCPDF (www.tcpdf.org)