Bail can be granted under Section 439 Cr.P.C. when the trial has commenced, the investigation is complete, and there are no risks associated with the accused's release, even in cases involving serious charges.

ORDER

1. The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.680/2019 Registered at Police Station Beawar City, District Ajmer for the offence(s) under Section 409 of I.P.C. 1860.

2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the case is triable by First Class Magistrate and challan has already been presented in the court and conclusion of trial may take long time. Counsel further submits that the learned trial Court has framed the charge against the accused-petitioner on 06.03.2021 under Section 409 I.P.C. Counsel further submits that the petitioner is in custody for more than one year i.e. 28.02.2020 and even the charge has been framed by the learned trial Court after seven months of filing of the charge-sheet. Counsel further submits that allegation against the petitioner is that he has cheated the complainant to the tune of Rs.l crore 55 lacs.

3. In support of his contentions, counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Sanjay Chandra Vs. Central Bureau of Investigation reported 2012 Criminal Law Journal 702 wherein para 12 & 28 which has been held as under:-

"12) Let us first deal with a minor issue canvassed by Mr. Raval, learned ASG. It is submitted that this Court has refused to entertain the Special Leave Petition filed by one of the co-accused [Sharad Kumar Vs. CBI (supra)] and, therefore, there is no reason or change in the circumstance to take a different view in the case of the appellants who are also charge- sheeted for the same offence. We are not impressed by this argument. In the aforesaid petition, the petitioner was before this Court before framing of charges by the Trial Court. Now the charges are framed and the trial has commenced. We cannot compare the earlier and the present proceedings and conclude that there are no changed circumstances and reject these petitions.

28) We are conscious of the fact that the accused are charged with economic offences of huge magnitude. We are also conscious of the fact that the offences alleged, if proved, may jeopardize the economy of the country. At the same time, we cannot lose sight of the fact that the investigating agency has already completed investigation and the charge sheet is already filed before the Special Judge, CBI, New Delhi.

Therefore, their presence in the custody may not be necessary for further investigation. We are of the view that the appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI."

4. Learned Public Prosecutor has opposed the bail application.

5. Considering the material on record and taking into account the facts and circumstances of the case and considering the fact that the charge has already been framed by the trial Court and the trial Court has commenced and there is no flight risk and all the evidence is documentary in nature and there is no apprehension has been shown by the prosecution/State about tampering with the evidence and also considering the judgment in the matter of Sanjay Chandra (supra) and the period of custody of more than a year and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.