Deepak Arora vs State

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.32/2017 Police Station Chohtan, District Barmer for the offences under Sections 420, 467, 468, 471 & 120-B IPC read with and Sections 3, 4 & 5 of Chit Fund Act.

Learned counsel for the petitioner submits that many FIRs of like nature were filed against the petitioner and he has been enlarged on bail by this Court vide separate orders (recently vide order dated 20.05.2020 passed by Coordinate Bench of this Court in SB Criminal Misc. Bail Application No.4760/2020).

Learned counsel further submits that the offence is triable by Magistrate for which he is behind the bars for a period of more than eight months. Learned counsel further submits that as the trial is likely to take long time, the petitioner be enlarged on bail.

Mr. Khan, learned PP, opposing the bail application of the petitioner submitted that many cases of like nature are pending against the petitioner.

In view of the aforesaid, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Deepak Arora S/o Shri Bheemsen Arora, arrested in FIR No.32/2017 Police Station Chohtan, District Barmer shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 26 th June, 2020 to the satisfaction of the learned trial Court.

It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.