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DELHI HIGH COURT
RAJNISH BHATNAGAR
Prithu Jha – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. summary of arrest and recovery of fake currency (Para 1 , 2 , 3) |
| 2. arguments on behalf of the petitioner and prosecution (Para 4 , 5) |
| 3. court's decision on bail application (Para 6) |
| 4. conclusion and legal non-prejudice statement (Para 7 , 8) |
ORDER
Rajnish Bhatnagar, J. The present bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 57/2021 under Sections 489C/489B/120B/34 IPC registered at Police Station Geeta Colony.
2. In brief, the facts of the case are that on 19.2.2021 two persons namely Harshit Arora, aged 25 years and Mukesh aged 27 years, were arrested on the secret information and fake Indian currency of Rs.6000/- (200x30) was recovered from the possession of accused Harshit Arora and Rs.7000/- (200x35) was recovered from the possession of accused Mukesh, and on this the abovesaid FIR was got registered at P.S. Geeta Colony under Section 489C/34 IPC.
3. It is alleged that during the course of investigation, both the accused persons disclosed that they gave original Indian currency note of Rs.10,000/- and received total fake Indian currency note of an amount of Rs.20,000/- from one Arihant Jain.
The court emphasized that the mere seriousness of the charges does not justify denial of bail when no evidence links the petitioner directly to the crime and investigation is complete.
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 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.
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.
The main legal point established is that the court may grant bail based on the defendant's status as a first-time offender, the length of time in custody, and the early stage of the trial.
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