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DINESH KUMAR SHARMA
Prahlad Kapoor – Appellant
Versus
State – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present bail application has been filed under Section 439 read with Section 482Cr.P.C. for grant of regular bail in case FIR No. 149/2022 dated 06.02.2022 registered at Police Station Jagat Puriunder Sections 489A/489B/489C/34 IPC.
2. The FIR was registered on the complaint of ASI Anoop Kumar. In the complaint, it was alleged that on 06.02.2022 at 2.20 AM, he was informed by the secret informer that one boy namely Rahul standing near Prem sweets at South Anarkali is in the business of using fake Currency notes. During the search, a fake note of Rs. 500/- bearing the 4UV740574, one note of Rs. 200/- only single side printed numbered 6CL839246 and one note of Rs. 100/- numbered 6EM498296 were recovered from his possession. Currency notes were seized at the instance of Rahul and a raid was conducted at the house of the present petitioner and he was found in possession of 2 currency notes of Rs. 100/- numbered 5EM498296, and 2 notes of Rs. 100/- numbered 6EM498296, 2 notes of Rs 200/- which is single side printed numbered 6CL839246 and one actual currency note of Rs. 1000/- bearing number 3BU544232. At the instance of the petitioner, one
The prima facie nature of evidence at the bail stage and the lack of meticulous appreciation of evidence influenced the court's decision in admitting the petitioner to bail.
The court's decision was primarily based on the lack of clear attribution of Section 489B IPC to the case and the examination of substantial witnesses.
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
The seriousness of economic offenses, particularly counterfeiting, necessitates a cautious approach in bail considerations due to their detrimental impact on the economy.
The seriousness of the offence, the public interest, and the risk of the petitioner tampering with evidence or fleeing from justice were central to the court's decision.
Bail – Jurisdiction to grant bail has to be exercised cautiously on the basis of well settled principles having regard to facts and circumstances of each case.
Cruelty - Bail granted - Petitioner is in judicial custody charge-sheet has already been filed and as per prosecution no fake currency note has been recovered from him. As far as question of arrest o....
The central legal point established in the judgment is the requirement to prove possession of forged currency notes, knowledge of their counterfeit nature, and intention to use them as genuine in ord....
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