Allowed¶10

Ramvir v. State of U.P.

Bail – Counterfeit currency

Allahabad HC18 Jan 2023BAIL/52809/2022

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Case brief

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What is this about?

Ramvir v. State of U.P., Allahabad High Court, Criminal Misc. Bail Application No. 52809 of 2022, decided 18.1.2023 by Deepak Verma, J. — bail allowed in counterfeit currency case (Sections 489-A, 489-B, 489-C, 489-D I.P.C., Case Crime No.0488 of 2022) on parity with co-accused granted bail; Satendra Kumar Antil relied on; applicant in custody since 12.09.2022.

What did the court decide?

Release of applicant Ramvir on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions: not to tamper with prosecution evidence or intimidate/pressurize witnesses; to cooperate in the trial sincerely without seeking adjournments; not to indulge in any criminal activity; breach of conditions to be a ground for cancellation of bail; sureties to be verified before issuance of the release order. ¶10

Ramvir Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Ramvir, arraigned in Case Crime No.0488 of 2022 under Sections 489-A, 489-B, 489-C, 489-D I.P.C., is entitled to be enlarged on bail on the ground of parity with identically placed co-accused who have been granted bail.

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Court's answer

Considering the nature of offence, evidence, complicity of accused and the fact that the applicant's case is similar to that of co-accused who have been granted bail, and without expressing any opinion on the merits, the applicant has made out a case for bail.

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Ratio / Principle

The bail application is allowed; the applicant Ramvir is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to stated conditions, with sureties to be verified before the release order.

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Detailed headnote1 paragraphs

Bail — Counterfeit currency — Sections 489-A, 489-B, 489-C, 489-D I.P.C., Case Crime No.0488 of 2022, P.S. Ramgarh, District Firozabad — applicant in jail since 12.09.2022 — co-accused Kamal Pratap and Kulvendra @ Kullu @ Vikash already granted bail by Co-ordinate Bench on 04.01.2023 and 10.01.2023 — role of applicant not distinguishable from co-accused — bail granted on parity without expressing any opinion on merits, keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No. 5191 of 2021) — release on personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence or intimidating witnesses, requiring sincere cooperation in trial without adjournments and abstention from criminal activity, breach being a ground for cancellation.

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52809 of 2022

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Applicant :- Ramvir Opposite Party :- State of U.P. Counsel for Applicant :- D.K.Ojha Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No.0488 of 2022, under Sections 489-A, 489-B, 489-C, 489-D I.P.C., P.S. Ramgarh, District Firozabad, during pendency of trial.

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It is alleged in the F.I.R. that three persons arrested with counterfeit currency. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The alleged recovery is false and fabricated. He next argued that identically placed co-accused, Kamal Pratap and Kulvendra @ Kullu @ Vikash have been granted bail by Co-ordinate Bench of this Court vide orders dated 04.01.2023 and 10.01.2023 passed in Criminal Misc. Bail Application Nos. 50633 of 2022 and 47564 of 2022, respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since 12.09.2022. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and the fact that the case of the applicant is similar to that of coaccused, who have been granted bail and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The

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bail application is allowed.

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Let the applicant, Ramvir be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.1.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Ramvir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramvir v. State of U.P.

Case brief

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