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SUJOY PAUL
Mohammed Anshu – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This is the third application filed by the applicant/accused under section 439 of Cr.P.C for grant of bail in connection with Crime No.321/2019 registered at Police Station, Dewas Kotwali, Distt. Dewas for the offences registered under sections 489A, 489B, 489C, 489D of the IPC.
2. Learned counsel for applicant submits that applicant is in custody since 5.4.2019. Only three witnesses have entered the witness box till date. The trial is proceeding with snail speed. This Court has granted bail to co-accused Krishna Narayan Gupta on 20.10.2019 in M.Cr.C. No.43503/2019. As per prosecution story, only few notes of Rs.50/- were allegedly recovered from the applicant. The applicant is arraigned on the basis of memorandum statement of main accused Noushad Ansari. Such statement recorded u/s. 27 of Indian Evidence Act has no evidentiary value against the applicant. The applicant may be enlarged on bail. The prayer is opposed by Ms. Phaye, learned G.A. She placed reliance on the statement of Faruq recorded u/s.161 of Cr.P.C. it is submitted that Faruq deposed that applicant worked with Noushald intermittently in his room wherein counterfeit currency notes were allegedly manufactured.
The court may grant bail to an accused found in possession of counterfeit currency, but may impose stringent conditions to ensure attendance at trial and prevent tampering with witnesses.
The importance of balancing individual liberty with the interest of society, as highlighted in the observations of the Hon’ble Supreme Court.
Accused granted bail as continued detention deemed unnecessary despite serious allegations against him.
The court's decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
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