ORDER :

Mr. Kuldeep Mathur, J. - These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.RC0312022A0001 (CNR No.RCJDH2022A0001) registered at Special Police Station A.C.B, Jodhpur, for the offences punishable under Sections 120B, 420, 467, 468 471 and 477A of IPC and Sections 13 (2) read with section 13(1)(a) of the Prevention of Corruption Act, 1988 (As amended in 2018).

2. As per prosecution, the petitioners while holding different positions at Post Offices at Mawli, Gadoli and Bhimal from 18.04.2020 to 04.01.2022, showed deposits of money to the tune of Rs.16,40,47,490/- in SBI, Mawli Bank Account Nos.51039634795 and 51039634808, without actually depositing the money, by creating forged deposit receipts. The petitioners deposited the amount so embezzled in multiple forged/fake Post Office Saving Bank (POSB) Accounts in their own names and in the names of their family members and relatives. The allegation against the petitioners is that through this modus operandi, they have embezzled a sum of Rs.52,00,000/- and caused huge financial loss to the post offices and its customers.

3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in a criminal case. The challan against the petitioners has already been filed before the competent criminal court. As such, their custodial interrogation is not required now. The petitioners are in judicial custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to grant indulgence of bail to the petitioners.

4. Per contra, learned Dy. Solicitor General, Union of India has vehemently opposed the bail applications and submitted that the petitioners have committed a financial fraud by misusing their official position, therefore, they do not deserve to be enlarged on bail.

5. Heard learned counsel for the petitioners, learned Dy. S.G. and perused the challan papers filed by the investigating agency before the competent criminal court.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that though the petitioners have been charged for causing huge financial loss to the government exchequer by misusing their official position and the offences allegedly committed by them is of very serious nature but, at the same time, this Court cannot lose sight of the fact that the investigating agency has already completed the investigation qua the petitioners and challan has been filed before competent criminal court. The petitioners are in judicial custody and the possibility of trial being concluded against them in near future is very bleak.

7. In view of the above but, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

8. Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Sushil Kumar S/o Sh. Badri Prasad Prajapat, (2) Kishan Lal Meghwal S/o Sh. Pema Ram and (3) Ratan Lal Gawaria S/o Sh. Sita Ram Gawaria arrested in connection with F.I.R. No.RC0312022A0001 (CNR No.RCJDH2022A0001) registered at Special Police Station A.C.B, Jodhpur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. A copy of this order be placed in each file.