O R D E R

Both these bail petitions arise out of common FIR, hence are taken up together for disposal.

2. The petitioners are in judicial custody in connection with FIR No. 06/22, dated 04.01.2022, registered under Sections 489-A, 489-B, 489-C, 420 and 34 of Indian Penal Code, at Police Station, Manali, District Kullu. They were arrested on 04.01.2022 and by means of present petitions seek their release on regular bail.

3. As per status report:-

3(i) The FIR was registered on the basis of statement of one Smt. Neena Thakur recorded on 04.01.2022. She stated that she was running a shop near Vashisht Chowk, Tehsil Manali, District Kullu. On 04.01.2022, at around 10:30 A.M. a Tempo Traveller bearing No. HP-01-K5008 stopped near her shop. Some persons alighted from this Tempo Traveller and purchased/collected winter clothing from her shop on hire basis against cash payment of Rs. 2200/- . This amount was paid to her by one of the occupants wearing a white coloured jacket. During evening, while counting the money and tallying her account, it dawned upon her that some currency notes handed over by the afore described person could be fake as their serial numbers appeared suspicious.

3(ii) On the basis of the above complaint, investigation was carried out. While the investigation was in progress at the spot, one Shri Roshan Lal, who operates a Zipline in the nearby area of Kulang complained that he was also paid three counterfeit currency notes of Rs. 100/- denomination by a person wearing a white coloured jacket and travelling in the above described Tempo Traveller. The amount was statedly paid to him for the use of his Zipline. Further as per status report, Roshan Lal’s wife namely Smt. Phula Devi also came to the spot with the similar complaint of having been handed over one counterfeit currency note of Rs. 100/- by a person wearing white coloured jacket travelling in the Tempo Traveller. The note was statedly handed over to her in lieu of tea taken by the above described person in her Tea stall.

3(iii) The Tempo Traveller in question arrived at the spot in the evening. A person sitting therein, wearing white coloured jacket, was identified by all the three complainants. He was identified as Varinder Singh working as a Constable in Punjab Police [petitioner in Cr.MP(M) No. 336 of 2022]. He was searched in accordance with law. Counterfeit notes of Rs.300/- were recovered from his person by the police officials. Another person travelling in the afore described vehicle was identified as Sukhwinder Singh working as a Constable in Punjab Police [petitioner in Cr.MP(M) No. 337 of 2022]. From his possession, three counterfeit notes of Rs. 100/- denomination were recovered. Assuming that the currency notes produced by the complainant Neena Thakur, Roshan Lal and his wife Smt. Phula Devi as well as the notes recovered from the possession of the petitioners Varinder Singh & Sukhwinder Singh were counterfeit currency, both the accused persons were arrested by the police officials on 04.01.2022. They are in custody ever since and by means of present petitions seek their enlargement on bail.

4. Learned counsel for the petitioners stated that the petitioners have been falsely and erroneously implicated for the commission of offences in FIR in question. That bail petitioners alongwith their wives had come to visit Manali on a tour sponsored by a Company called MI Life Style Company. Wives of the bail petitioners were employed in the said company. The tour was sponsored by the company. The tour group consisted of more than 100 members including the bail petitioners. All the members collected the money. There is no evidence on record that the bail petitioners were in conscious possession of counterfeit currency. Even assuming that currency notes allegedly recovered from the bail petitioners were fake, then also no case is made out against them. The bail petitioners never knowingly intended to use the counterfeit notes as genuine currency.

Per contra, lea