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2025 Supreme(Online)(Guj) 13522

GUJARAT HIGH COURT
Court, J
Vishalbhai Umeshbhai Padiya v. State of Gujarat
Application for Bail | C.R. No.11213021230363 of 2023



Advocates:
For the Appellant: [Names of counsel for the applicant]
For the Respondent: APP

The seriousness of economic offenses, particularly counterfeiting, necessitates a cautious approach in bail considerations due to their detrimental impact on the economy.

Headnote:(A) Bhartiya Nagrik Suraksha Sanhita, 2023, S.483 - Indian Penal Code, Sections 489(A),

(B),

(C),

(D) - Bail application - Applicant accused of printing and circulating counterfeit currency, arrested with fake notes valued Rs.15,000 - Arguments of false implication and lengthy trial discussed. - Court highlights the seriousness of economic offenses affecting the nation's economy and declines bail. (Paras 2, 5, 11, 18)

Table of Content
1. circumstances of the arrest of the applicant in counterfeiting case (Para 2 , 3)
2. arguments presented by the defense and prosecution (Para 4 , 5)
3. legal provisions pertaining to counterfeiting currency notes (Para 7 , 8 , 9 , 10)
4. impact of counterfeit currency on society and the economy (Para 15 , 17)
5. rejection of bail application (Para 19)

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent - State.

2. The present successive application is filed under S.483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11213021230363 of 2023 registered with the Jasdan Police Station, Rajkot of the offence punishable under S.489(A), S.489(B), S.489(C), S.489(D) and S.114 of the Indian Penal Code .

3. Briefly stated, facts of the present case are that on 17.06.2023, while the complainant, namely, B.C. Miyatra along with the Police Inspector and other police staffers were on patrolling, received a tip - off near Gadadhiya Cross - road, Jasdan - Aatkot bypass road that one Vishal Umeshbhai Padiya, a resident of Rajkot who is dealing in fake Indian currency notes, would be coming on his motorcycle bearing its Registration No.GJ - 03 - FS - 0058 from Rajkot to Jasdan Gadadhiya Cross - road for the purpose of exchanging the fake currency notes. On the basis of this information, a raiding team was formed to apprehend the accused person at the spot. Thereafter, after following due procedure, a raid was conducted, and the accused, namely, Vishal Umeshbhai Padiya was apprehended near Gadadhiya Cross - road, and during search, 30 fake Indian currency notes of the denomination of Rs.500/- were recovered from his possession. During the course of investigation, the accused had disclosed that he himself is indulged in printing / manufacturing the fake Indian currency notes at his house, and in doing so, he got the papers of security thread mark On - line from alibaba.com and then scanned the original notes in his printer cum scanner and got the printouts by using the colour printer, and thereby used to make the counterfeit currency notes. It is further the case of prosecution that 30 fake currency notes of 500 denomination, valued at Rs.15,000/-, were recovered at the instance of present applicant / accused. With this sort of allegations, the present FIR has been registered.

4. Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case by the police officials, and was arrested on 19.06.2023, and then charge - sheet also came to be filed on 18.08.2023. It is argued that the recovery of alleged fake Indian currency notes has been witnessed only by the police officials despite the fact that there were number of public persons present at the spot. It is further argued that this is a third round of litigation, and the earlier two bail applications came to be withdrawn with a liberty to approach this Court again after some considerable period of time. Lastly, it was withdrawn on 17.12.2024 and the co - accused has already been released on bail way back on 16.01.2024. Learned counsel for the applicant has further argued that out of total 36 witnesses, only 02 witnesses have been examined so far since the withdrawal of the earlier bail application, which is indicative of the fact that the trial is likely to take considerable long period of time, whereas the applicant - accused is in jail since 19.06.2023, i.e., for more than one and a half years, and as such, keeping the applicant - accused behind the bar for such an indefinite period would be nothing but a pre - trial conviction. Moreover, during the course of investigation, although the Muddamal was sent to the FSL, Gandhinagar, however, yet the report of the FSL has not been received or produced before the trial court. Learned counsel has also argued that earlier the applicant - accused had granted respite in the form of t
































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