Neutral Citation Number 2023:DHC:2226

BAIL APPLN. 158/2023

Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 158/2023

PRAHLAD KAPOOR

..... Petitioner

Through:

Mr.Lakshay Joshi, Adv.

versus

STATE

..... Respondent

Through:

Mr.Prithu Garg, APP for State with SI

Avanish Kumar, PS Jagatpuri.

%

Date of Decision: 27.03.2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

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

Digitally Signed

By:PALLAVI

VERMA

Signature Not Verified

Neutral Citation Number 2023:DHC:2226

BAIL APPLN. 158/2023

Page 2 of 5

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 HP INK TANK

319 printer and 5 glass bottles of colour, one colour plastic tape and 41 half-

printed notes of Rs 100 with the number 6EM498296, were also recovered

as well as two tapes of green colour.

3. Learned counsel for the petitioner submits that the co-accused has

already been admitted to bail and the present petitioner is in custody since

06.02.2022. Learned counsel submits that the basic ingredient of

counterfeiting as provided in Section 28 of IPC is that such counterfeiting

must be done to practice deception. Learned counsel submits that there is no

allegation of deception against the petitioner.

4. Learned counsel has also invited the attention of this Court to the

provisions of Sections 489A of the IPC and has submitted that as per the

case of the prosecution, half-printed notes were recovered form the

petitioner and therefore, it cannot be said that the petitioner was

counterfeiting the currency notes. Similarly, learned counsel submits that

Section 489B is not attracted to the present facts and circumstances as there

were no allegations that the petitioner was using the counterfeiting notes as

genuine. Learned counsel submits that therefore, in view of the above the

petitioner may be admitted to bail.

5. Learned APP for State has opposed the bail application on the ground

that initially co-accused Rahul was arrested on the basis of the secret

informer and he had disclosed that he along with the present petitioner used

Digitally Signed

By:PALLAVI

VERMA

Signature Not Verified

Neutral Citation Number 2023:DHC:2226

BAIL APPLN. 158/2023

Page 3 of 5

to print the fake currencies and would use the same fake currencies at

different places. Learned counsel submits that at the instance of Rahul, the

following items were recovered from the accused-

1.

01 note of Rs 500 bearing number 4UV740574;

2.

01 note of Rs 200/- printed sided bearing no. 6CL839246 and

3.

01 notes of Rs 100 bearing number 6EM498296

6. He submits that on search following items were recovered from the

present accused:

1.02 notes of Rs. 100 bearing N