IN THE HIGH COURT OF MADHYA PRADESH
Sujoy Paul, J.
Mohammed Anshu v. State of M.P.
Miscellaneous Criminal Case No. 47570 of 2021 (I); Decided on 1.10.2021*
Criminal P.C. 1973 -- Ss. 439 and 437 -- Penal Code, 1860 -- Ss. 489A, 489B, 489C and 489D -- Evidence Act, 1872 -- S. 27 -- bail -- alleged offence of counterfeiting currency notes -- few notes of Rs. 50/- allegedly recovered from applicant -- arraigned on basis of memorandum statement of main accused -- applicant and co-accused worked with main accused – co-accused granted bail -- counterfeit currency also recovered from co-accused -- considering principle of parity and period of custody, bail granted subject to certain conditions. [Paras 5 & 6]
naM çfØ;k lafgrk] 1973 & èkkjk 439 rFkk 437 & naM lafgrk] 1860 & èkkjk 489d] 489[k] 489x rFkk 489Ä & lk{; vfèkfu;e] 1872 & èkkjk 27 & tekur & djsUlh u¨V¨a d¢ dwVdj.k dk vfÒdfFkr vijkèk & vfÒdfFkr :i ls vkosnd ls #i;s 50@& d¢ dqN u¨V cjken & eq[; vfÒ;qDr d¢ Kkiu dFku d¢ vkèkkj ij n¨"kkj¨fir & vkosnd rFkk lg&vfÒ;qDr us eq[; vfÒ;qDr d¢ lkFk dk;Z fd;k & lg&vfÒ;qDr dh tekur eatwj & dwVjfpr djsUlh lg&vfÒ;qDr ls Òh cjken gqà & lekurk d¢ fl)kar rFkk vfÒj{kk dh vofèk ij fopkj djrs gq, dfri; 'kr¨Z d¢ vè;èkhu tekur eatwjA ¼iSjk 5 ,oa 6½
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.
4. I have heard the parties and perused the case diary.
5. The said statement of Faruq dated 7.5.2019 shows that the applicant and Krishna Narayan Gupta allegedly worked with main accused Noushad. This Court has granted bail to Krishna Narayan Gupta on 20.11.2019. The counterfeit currency notes of denomination of Rs.50/- were also recovered from Krishna Narayan Gupta. Considering the nature of accusation, principle of parity and period of custody, I deem it proper to enlarge the applicant on bail.
6. Accordingly, it is directed that the applicant Mohammed Aanshu be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court regularly on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of section 437 of Cr.P.C.
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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