Kuldeep vs State Of H.P

Jyotsna Rewal Dua, J

P etitioner, who is in custody w.e.f. 5.7.2019, as an accused in FIR No.53/2019, dated 05.7.2019, registered at Police Station Swarghat, District Bilaspur H.P., under Section 489(C) of the Indian Penal Code, is seeking regular bail under Section 439 of the Criminal Procedure Code.

Heard learned counsel for the parties and gone through the status report filed by the respondent-State.

The gist of the prosecution case against the bail petitioner as it comes out from the status report is that:-

3(i). On 5.7.2019, a police patrolling party on the basis of suspicion apprehended the petitioner and from the dicky of scooty driven by him recovered counterfeit currency in all amounting to Rs.6400 i.e. (500 X 10 = Rs.5,000/- + 200 X 7= Rs. 14,00/- Total Rs.5,000 + Rs.14,00 = Rs 64,00/-). For possessing the counterfeit currency of Rs.6400/-, petitioner is behind the bars for the past 14 months for the offence under Section 489(C), of the Indian Penal Code which reads as under;-

"489-C. Possession of forged or counterfeit currency notes or bank notes. Whoever has in his possession any forged or counterfeit currency note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Classification of offence. The offence under this section is cognizable, bailable, non-compoundable and triable by Court of Session."

The bail application filed by the petitioner on 27.12.2019 was dismissed by the learned Sessions Judge, Bilaspur, Himachal Pradesh on 24.8.2020. In the entire order, there is no reference about the offence under Section 489(C) being bailable by Court of Session.

3(ii) As per the status report, challan was presented on 2.9.2019 and the case is currently at the stage of recording statements of witnesses. Status report indicates pendency of FIR No.101/17, dated 11.04.2017, under Sections 363, 366, 376 of the Indian Penal Code and FIR No.112/17, dated 07.12.2017 under Section 25-54-59 of the Arms Act, registered against the petitioner at Police Station Ravalpindi District Kapurthala Punjab.

Petitioner aged 30 years, is behind the bars w.e.f. 5.7.2019, for alleged possession of counterfeit currency of Rs.6400/-. The offence under Section 489(C) is bailable by Court of Session. Maximum sentence provided for the offence is seven years. Petitioner has already spent about a year & three months in custody. In view of the nature of accusations, the mode and manner of commission of alleged offences, no fruitful purpose would be served in keeping the bail petitioner behind the bars any further. Nothing remains to be recovered from the petitioner. Challan stands already presented. Matter is stated to be at the stage of recording of evidence. Conclusion of the trial in present Covid-19 pandemic may take long time. To secure the presence of the bail petitioner during trial, stringent conditions can be imposed upon him. This bail application is accordingly allowed. Petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.50,000/-with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any;

(vii) Petitioner shall not involve himself in any illegal activities;

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary, in case so required.