IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Tarlok Singh Chauhan, J.
Ankit & Ors. - Petitioners
Versus
State of Himachal Pradesh - Respondent
Cr. M.P. (M) No. 895 of 2018 a/w Cr. MP(M) Nos. 896, 902 & 937 of 2018
Decided On : 18-09-2018
Tarlok Singh Chauhan, J.
Since all these petitions arise out of the same FIR bearing FIR No. 40 of 2018 dated 26.4.2018, registered at Police Station, Gohar, District Mandi, H.P. under Sections 489A, 489B, 489C, 489D, 120-B, 201 and 34 IPC, therefore, these were taken up together for consideration and are being disposed of by a common judgment.
2. Cr. M.P.(M) Nos. 895 and 896 of 2018 have been filed by the petitioners seeking pre-arrest bail, whereas Cr. MP(M) Nos. 902 and 937 of 2018 have been filed for securing regular bail.
3. The case of the prosecution is that on 26.4.2018 Sanjay Kumar son of Sh. Prakash Dohru resident of Palampur District Kangra, at present Manager Himachal Gramin Bank, Thunag, District Mandi, H.P. made a complaint to the police to the effect that one Lal Singh son of Dhani Ram, resident of Drunu, P.O. Shikawari, Tehsil Thunag, District Mandi, H.P. had brought 2000 x 25 notes to the bank for depositing the same in the bank. On the aforesaid date at about 11 a.m. Lal Singh came to the bank and asked the official of the bank for depositing the money by way of F.D. of sum of Rs.50,000/- and had shown the notes to the bank official. On seeing the same, it was found to be fake one. The bank official kept the notes with him. Lal Singh was informed that the notes which he had brought to the bank were fake and was asked about source of these notes and further asked whether he had some more notes with him. The Manager of the Bank checked the pocket of Lal Singh from where some more notes of the denomination of Rs.2000 x25 were found. The bank manager kept all the 50 notes of Rs.2000/- with him and informed the police, out of which two notes of Rs.2000/- were found to be torned. Lal Singh also tried to deposit the notes of Rs.2000/- in the bank as genuine, but due to the vigilance of the bank official he could not succeed. The police registered the case FIR against the accused person and he was arrested and taken into custody. During the course of investigation the house of accused Lal Singh situated at Village Drunu was also got searched, where the accused Lal Singh had also kept the fake currency notes of the denomination of Rs.2000 x 55 which were kept by him in the box which worked out to be Rs.1,10,000/-. The police also took into custody the currency notes vide separate memo. The accused Lal Singh disclosed that this amount of Rs.2,10,000/- he had received from one Teju Ram in lieu of selling half Kg of charas. After that the accused Teju Ram was searched at place Malana Dam. The accused Lal Singh identified the accused Teju who is in fact Deva son of Ganga Ram resident of Maklana, Tehsil Bhunter, District Kullu, H.P. The accused Deva was also investigated by the police and took him to the Police Station. During the course of investigation, accused Deva told to the police that he alongwith other person Kishah alias Bhut resident of Malana on 15.4.2018 had sold 2 kg of Charas to three persons of Haryana and from them they have received Rs.5,60,000/-. The currency notes were checked and found to be fake. Out of the three persons, one of them was named Ankit. The police searched the other accused persons, but they had gone to Gurgaon, Haryana. During the course of investigation, the other accused person Vikrant Bachan son of Sunil Kumar R/o H.No. 206/3, Gali No.4, Gopal nagar near Bus Stand, Gurgaon and other accused Parvesh Kundu son of Rakesh R/o H.No. S38 Chanakya Palace Uttamnagar, New Delhi were associated in the investigation and it was found that Ankit son of Ram Krishan and Chankya alias Chintu son of Kamal, Vikrant and Parvesh Kundu were students of law in Rohtak University.
4. After conducting investigation in Gurgaon, Rohtak, Faridabad, Jind, etc., the SI/SHO alongwith accompanying officials came back to the Police Station with the vehicle, i.e. Swift Dezire bearing Registration No. HR51-BG-0297, on 7.5.2018. On the same day, the aforesaid accused Vikrant Bachchas and Parvesh Kundu, who had bee
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