Rajasthan High Court - Jodhpur
Gopal Arya vs State Of Rajasthan on 2 August, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8702/2021
Gopal Arya S/o Daulatram, Aged About 58 Years, B/c Sindhi, R/o
20-E-9, Chopasani Housing Board, Jodhpur (Raj.). (At Present
Lodged At District Jail, Barmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 8703/2021
Gopal Arya S/o Daulatram, Aged About 58 Years, B/c Sindhi, R/o
20-E-9, Chopasani Housing Board, Jodhpur (Raj.). (At Present
Lodged At District Jail, Barmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 8704/2021
Gopal Arya S/o Daulatram, Aged About 58 Years, B/c Sindhi, R/o
20-E-9, Chopasani Housing Board, Jodhpur (Raj.). (At Present
Lodged At District Jail, Barmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 8705/2021
Gopal Arya S/o Daulatram, Aged About 58 Years, B/c Sindhi, R/o
20-E-9, Chopasani Housing Board, Jodhpur (Raj.). (At Present
Lodged At District Jail, Barmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mahesh Khyani
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
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(2 of 4) [CRLMB-8702/2021]
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 02/08/2021 Bail Application No. 8702/2021 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 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 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, (Downloaded on 03/08/2021 at 08:52:19 PM) (3 of 4) [CRLMB-8702/2021] 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 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 Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
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.
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. (Downloaded on 03/08/2021 at 08:52:19 PM)
(4 of 4) [CRLMB-8702/2021] 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.
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 No. 8704/2021) and 32/2017 (Bail Application No. 8705/2021) all registered at Police Station Chohtan, District Barmer, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 29-Rashi/-
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