ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.365 of 2019 registered with Sola High Court Police Station, Ahmedabad for offence under Sections 489A, 489B, 489C, 489D and 114 of the Indian Penal Code. This application is the fifth application filed for regular bail. The first three applications for regular bail being Criminal Misc.Application No.23021 of 2019, Criminal Misc.Application No.17835 of 2019 and Criminal Misc.Application No.11515 of 2020 permitted to be withdrawn and disposed of by orders dated 28.01.2020, 13.11.2019 and 27.10.2020 respectively. Criminal Misc.Application No.11515 of 2020 was permitted to be withdrawn with a liberty to file the same if the trial does not progress satisfactorily within period of one year from the reopening of physical hearing. There after, the applicant filed fourth application for regular bail after filing of charge sheet being Criminal Misc.Application No.16876 of 2021, which also was permitted to be withdrawn by order dated 03.02.2022 with a liberty to file the same after a period of six months in case the trial does not conclude.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the present application is filed in view of the liberty reserved in favour of the applicant vide order dated

03.02.2022 in Criminal Misc.Application No.16876 of 2021.

2.1 It is submitted that no offences under Sections 489A to 489D are prima facie made out against the present applicant as the alleged counterfeit currency notes are not “counterfeit” as defined under Section 28 of the Indian Penal Code, but are mere coloured photocopies of actual currency notes. It is submitted that entire procedure of recovery of the alleged counterfeit currency notes by the Investigating Agency is concocted and illegal.

2.2 It is submitted that the applicant is in custody since 02.08.2019 and due to this pandemic situation of COVID 19, the trial has not progressed.

3. Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.

3.1 It is also submitted that the applicant is involved in serious offence of counterfeiting of currency notes, which affects economy of the nation as a whole. It is also submitted that the investigation has now culminated into Sessions Case No.365 of 2019 pending before the Sessions Judge, Ahmedabad (Rural) and after resumption of physical hearing by the Courts, the trial is in progress and statements of witnesses are being recorded.

4. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. From the investigation done, the role attributed to the present applicant is that complainant of this case has stated that, some one gave the duplicate currency notes of the denomination of Rs. 2,000/- on 17/07/2019 and of the denomination of Rs. 500/- on 27/07/2019 in the shop namely Khushi mobile, shop no. 5, Suryoday Complex, Ghatlodiya, which were found out in the accout. Hence, the Complainant directed his staff of his shop to check and verify the notes before accepting. On 29/07/2019, when the Complainant was present in his shop, meanwhile, the accused no. (1) of this case, namely Gajubhai Prajapati came to make the online payment of Swiggy, and gave 4 notes of the denomination of Rs. 500/-. On checking these notes, the Complainant found one note of the denomination of Rs. 500/- to be fake prima–facie. Looking to its number, it was 6QG 255153, and the duplicate note of the denomination of rs. 500/- whch was already received in the shop of the Complainant was also bearing number 6QG 255153. Hence, the Complainant, on finding something suspicious, he told the employee of his shop–the witness–Paresh to make physical search of accu