In this criminal miscellaneous bail application, the High Court rejected the plea to release the accused on bail against charges of counterfeiting currency and cheating, citing the serious nature of the offence and the applicant's pendency in other criminal cases.
Bail application dismissed; applicant not to be enlarged on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:178805
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31674 of 2023
Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
1. Heard Shri Om Narayan Pandey, learned Counsel for the applicant, learned AGA for the State and perused the record.
2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 176 of 2023, under Sections 420, 489A, 489B, 489C I.P.C., Police StationSehramau Dakshini, District- Shahjahanpur, during pendency of the trial.
3. Learned Counsel for the applicant argued that there is no independence witness except the police personnel though the place of recovery is the public place. On the pointing of coaccused Akhilesh, the house of Vivek Gupta was raided, accused Vivek Kumar Maurya was arrested and from his possession, a Printer, 74 notes of Rs.100/- and Rs.50/- and Rs.100/- of half printed notes and articles such as ink and papers were recovered and after investigation, chargesheet was submitted against all three accused persons under Sections 420, 489A, 489B, 489C I.P.C.. The applicant has been falsely implicated in the case, there is no independent witness of recovery and the case property has been planted by
the police. The recovery of fake currency was not used by the applicant. There is no complaint and statement of the public or any shop keeper to the Investigating Officer. The offence under the aforesaid sections do not make out against the applicant, the applicant has no concern with the alleged motorcycle. The Co-accused are neither the friend, nor the relative of the applicant. He was called from his house by S.O.G. Police Sahajahanpur for interrogation and after keeping him three days in police line, challaned in the present case, he is in Jail since 01.04.2023. It has also been averred in para 24 of the affidavit that the applicant has also been accused prior to this incident in five other cases. He is ready to execute adequate sureties bonds and undertaking therefore, the applicant be released on bail.
4. A Counter affidavit has also been filed by Sri Ajay Verma, Sub Inspector in which it has been averred that the FIR has been lodged by Sub Inspector Yogendra Bahadur Singh after receiving information regarding counterfeit currency notes from an informer, on which basis he searched the accused persons and recovered fabricated notes, denomination of Rs.100/- from the applicant and co-accused persons along with other articles which were used in preparation of counterfeit notes. The recovery had been made before independent witness, namely, Shatish Chandra and Pawan Kumar and they have signed the recovery memo and have also supported the prosecution version in their statement under Section 161 Cr.P.C. There is no previous enmity between the accused persons and the independent witnesses
or the police. The co-accused was found printing fake currency notes in the rented room of the house of Vivek Gupta.
5. Learned AGA contends that during the recovery, a motorcycle was also taken into custody. From the FSL report, it has been proved that so many forged notes were printed and prepared by the accused persons in connivance of each other. The applicant is not an innocent person, he is also an accused in several other criminal cases which are pending in the concerned Courts. Considering the nature of offence, it is requested that the bail application may be rejected.
6. From the perusal of the records, it transpires that at the time of arrest, the applicant was plying the motorcycle and in his personal search from the right pocket of his lower, a Bundle of Rs.100/- and new counterfeit 100 notes from the right pocket of his lower, 10 new counterfeit notes of Rs.100/- and from the upper pocket of his shirt exchanged Rs.440/- on account of the counterfeit notes were recovered along with a Realme mobile phone.
7. From the possession of co-accused Akhilesh, the pillion rider, in two bundles 180 counterfeit notes of Rs.100/- total Rs.18000/- from his right and left pockets of his pant were recovered and also exchanged Rs.412/- on account of counterfeited notes, along with OPPO mobile phone were recovered and from his black coloured hand bag Rs.5,000/-. Counterfeited notes were also recovered along with purchased articles. No proper plausible explanation could be
given by both the accused persons. Applicant accused Sachin could not show the actual papers of the impugned motorcycle. As per information given by the applicant and the co-accused Vivek Maurya was also arrested from the rented room of Vivek Gupta where from very huge amount of counterfeited notes, i.e., fully printed, half printed and papers, ink, chemical etc. were recovered along with Printer and Laptop.
8. From the perusal of the record, it is also established that in addition to the impugned case, the accused is also a chargesheeted accused in Case Crime No.629 of 2020, under Sections 302, 120B I.P.C., Police Station Kotwali, District Sahajahanpur; Case Crime No.633 of 2020, under Section 3/25 Arms Act, Police Station Kotwali, District Sahajahanpur; Case Crime No.382 of 2022, under Sections 379, 411 I.P.C., Police Station Madnapur, District Shahjahanpur; Case Crime No.742 of 2022, under Sections 307, 420 I.P.C., Police Station Sadar Bazar, District Sahajahanpur; Case Crime No.744 of 2022, under Sections 3/25 Arms Act, Police Station Sadar Bazar, District Sahjahanpur and in connected Case Crime No.742 of 2022; the accused is also accused in connected Case Crime No.223 of 2023, under Section 2/3 of the U.P. Gangsters Act, Police Station Sehramau Dakshini District Sahjahanpur.
9. Considering the pendency of several criminal cases against the applicant-accused and also that from his possession huge counterfeit currency has been recovered, the applicant is not liable to be enlarged on bail.
10. Section 489A, 489B and 489C were inserted for the protection of economy of the country. This Court is of the view that the application is devoid of merits and the applicant-accused is not liable to be enlarged on bail. The bail application is liable to be rejected.
ORDER
11. This bail application of applicant-Sachin is, accordingly, dismissed .
Order Date :- 15.9.2023 A.N. Mishra
Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is liable to be enlarged on bail despite pendency in other criminal cases and recovery of counterfeit currency.
1 provisions across 1 enactments
Sachin
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
