Bail can be granted when the accused is in judicial custody, charges are filed, and co-accused have received similar relief.

Headnote:
Bail - Criminal Procedure - Section 439 Cr.P.C., IPC Sections 420, 467, 468, 471, 120-B, Chit Funds Act Sections 3, 4, 5 - The court interpreted the provisions of bail under Section 439 Cr.P.C. and the nature of the offences under IPC and the Chit Funds Act, leading to the decision to grant bail.
Fact of the Case:

The petitioner filed multiple bail applications while in judicial custody for various FIRs involving serious offences under the IPC and the Chit Funds Act.
Finding of the Court:

The court found that the offences were triable by a Magistrate, a charge-sheet had been filed, and co-accused had been granted bail, indicating that the petitioner should also be granted bail.
Issues: Whether the petitioner is entitled to bail considering the nature of the offences and the circumstances of the case.
Ratio Decidendi: The court emphasized that the grant of bail is justified when the offences are triable by a Magistrate, a charge-sheet is filed, and co-accused have been granted bail.
Result: The bail applications are allowed, and the petitioner is granted bail subject to certain conditions.

JUDGMENT

Devendra Kachhawaha, J. - Bail Application No. 8702/2021

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.196/2016, Police Station Chohtan, District Barmer, registered for the offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of the Chit Funds Act, 1978.

Bail Application No. 8703/2021

3. 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.197/2016, Police Station Chohtan, District Barmer, registered for the offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of the Chit Funds Act, 1978 (Rejection Order dated 02.06.2021 was passed in regard to Sections 406, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of Prize Chits and Money Circulation Scheme, 1978).

Bail Application No. 8704/2021

4. 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.195/2016, Police Station Chohtan, District Barmer, registered for the offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of the Chit Funds Act, 1978 (Rejection Order dated 03.06.2021 was passed in regard to Sections 406, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of Prize Chits and Money Circulation Scheme, 1978).

Bail Application No. 8705/2021

5. 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.32/2017, Police Station Chohtan, District Barmer, registered for the offences punishable under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of the Chit Funds Act, 1982 (Rejection Order dated 02.06.2021 was passed in regard to Sections 406, 467, 468, 471 and 120-B of the Indian Penal Code and Sections 3, 4 and 5 of Prize Chits and Money Circulation Scheme, 1978).

Bail Application No. 8702/2021

Bail Application No. 8703/2021

Bail Application No. 8704/2021

Bail Application No. 8705/2021

6. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

7. Learned counsel for the petitioner stated that offences are triable by Magistrate; charge-sheet has been filed; benefit of bail has been granted to co-accused persons, namely, Deepak Arora, Deepika Arora and Namrata Arya in the present case and in other identical cases; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioners.

8. Per contra, learned Public Prosecutor has opposed the bail application and stated that accused-petitioner is the Director of the firm and nine other cases are registered against him. Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; charge-sheet has been filed; benefit of bail has been granted by the co-rdinate Bench of this Court to co-accused persons namely, Deepak Arora vide order dated 09.06.2020 (Bail Application No.5797/2020) and Namrata Arya vide order dated 24.06.2021 (Bail Application No.7656/2021); 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 applications filed by the petitioner deserve to be accepted.

9. Consequently, the bail applications are allowed. It is ordered that the petitioner Gopal Arya S/o Daulatram arrested in connection with different FIRs No.196/2016 (Bail Application No. 8702/2021), 197/2016 (Bail Application No. 8703/2021), 195/2016 (Bail Application N

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