The court emphasized that the severity of the crime and the prima facie case against the accused necessitate custodial interrogation, rejecting the anticipatory bail application.

ORDER :

RAJESH S. PATIL, J.

1. This application is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 500/2024 dated 18^th August, 2024 registered with Tembhurni Police Station, Solapur for the offences punishable under Sections 178, 180, 181, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. The present applicant is accused no.5. There are total seven accused. Five accused have been arrested and are behind bars. One more accused is absconding. The pre-arrest bail application filed by the present applicant before the Sessions Judge at Barshi has been rejected by an order dated 14^th February, 2025. Hence, the present pre-arrest bail application has been filed.

3. In the complaint attached to the FIR, there are specific allegations made against the present applicant that he has participated in the act of counterfeiting the currency. An amount of Rs.65 lacs has already been seized by the police. It has been alleged that the machine used for printing the counterfeit currency is owned by the present applicant. On the basis of which, an FIR has been alleged.

4. On behalf of the applicant, it is submitted that the applicant has no role to play in the present crime and has been implicated only on the basis of suspicious. The investigation is completed. Therefore, the custodial interrogation of the present applicant is not necessary.

5. The learned A.P.P. submits that the co-accused has revealed the name of the present applicant as the person who has procured the machine of printing counterfeit currency. Even by the CDR, it has been found that the present applicant has constantly been in touch with the accused – Hiramani. The offence committed by the present applicant is an offence against the country. It is a serious offence and the custody of the present applicant will be necessary.

6. I have heard learned counsel for both the sides and I have gone through the documents produced before me.

7. In the F.I.R. offences registered under section 178 (imprisonment for life), Section 180 (imprisonment for term which may extend to 7 years), Section 181 (imprisonment for life) of Bharatiya Nyaya Sanhita, 2023. Counterfeit currency leads to substantial economic losses to the country. Such monies are used to finance criminal networks and terrorist activities.

8. There are seven accused arraigned in the present crime. Five accused are already behind bars. One of the accused is absconding and the present applicant has filed the pre-arrest bail application.

9. On a secret information received by the police, the police has made a track of a Nexon car. When the car was intercepted by the police, they found that the driver was holding un-explained cash with him. Thereafter, the police raided the house of the co-accused wherein ‘ultra violet machine’ was found. The counterfeit cash was found. In the house arrested co-accused has named the present applicant as a person who owned the ‘ultra violet machine’.

10. The investigation is still going on and there is likelihood that the police after investigation will find amount involved in the present crime is much more than what has been mentioned.

11. Considering the gravity of the crime, the physical presence of the applicant for interrogation is necessary for completion of investigation. Moreover, possibility of pressurizing and threatening witnesses and tampering with evidence in much higher in case the Applicant is granted pre-arrest bail.

12. The Supreme Court in case of Sumitha Pradeep vs. Arun Kumar C.K. and another, (2022) 17 SCC 391 in paragraph 12 has held as under :-

“……….. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custo