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2026 Supreme(Online)(Raj) 3002

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sunil Beniwal, J
DEEPAK KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1039/2026



Advocates:
For the Appellants/Petitioners: Baltej Singh Sandhu
For the Respondents: Hanuman Prajapati

Bail may be granted if the investigation regarding the accused is complete, no further recovery is pending, and continued detention serves no fruitful purpose given the expected length of the trial.

Headnote:The petitioner sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in relation to offences under Sections 318(4), 178, 179, 180, and 182(1) of the Bharatiya Nyaya Sanhita (BNS), 2023. The case pertains to the recovery of 24 counterfeit currency notes of Rs. 500 denomination from the petitioner. The court noted that the petitioner had been in custody since 07.01.2026 and had already been interrogated. The primary issue was whether the petitioner should remain in custody to facilitate the investigation into the chain of fake currency. The court reasoned that since no further recovery was to be made and no further inquiry was required from the petitioner, keeping the petitioner incarcerated for an indefinite period while the trial takes a long time would serve no fruitful purpose. Accordingly, the bail application filed under Section 483 of BNSS is allowed.

Table of Content
1. bail application based on counterfeit currency possession and claims of false implication. (Para 1 , 2 , 3)
2. detention is unnecessary when investigation is complete and no further recovery is pending. (Para 4 , 5)
3. grant of bail subject to personal bond and sureties. (Para 6 , 7)

Order

1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 15/2026 dated 07.01.2026, Police Station Kotwali Ganganagar, District Ganganagar for the offences under Sections 318(4), 178, 179, 180 and 182(1) of BNS, 2023.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. He further submits that the principle allegation levelled against the petitioner is that he was found to be carrying 24 notes of fake currency of denomination of Rs.500 each. The petitioner has already been interrogated about the source from where he got the fake currency and that no recovery is to made nor any further interrogation is to be made. Based on the above submission, petitioner may be enlarged on bail. The petitioner is in judicial custody since 07.01.2026 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application and submits that petitioner was found to be carrying fake currency and matter is to be investigated to trace the entire chain and therefore, he must not be enlarged on bail at this stage.

4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

5. Having considered the rival submissions, facts and circumstances of this case and after perusing the case diary/challan so also the fact that petitioner was arrested on 07.01.2026 and further no recovery is to be made so also no further inquiry is to be done from the present petitioner, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Deepak Kumar S/o Budhram, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

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