Uttarakhand High Court
Jony Kumar vs State Of Uttarakhand on 1 July, 2022
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 1206 of 2022
Jony Kumar ...Applicant
Versus
State of Uttarakhand ...Respondents
Present:-
Mr. Mohd. Safdar, Advocate for the applicant.
Mr. Siddharth Bisht, Brief Holder for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Applicant Jony Kumar, is in judicial custody in Case Crime No. 605 of 2021, under Sections 420, 489A, 489B, 489C, 489D IPC, Police Station Kotwali Gangnahar Roorkee, District Haridwar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that three persons were with alleged recovery counterfeit currency notes from the custody of co- accused Anuj Pratap, printer, ink etc were also recovery. Learned counsel would submit that the co-accused have already been granted default bail. Nobody could file an application on behalf of the applicant, therefore, he could not avail the opportunity of default bail.
4. Learned State counsel would admit that two co- accused have already been granted default bail. But, 2 according to him, counterfeit currency notes were recovered from the possession of the applicant.
5. It is a case of alleged recovery of counterfeit currency notes from the applicant. The possession of forged or counterfeit currency notes in itself is not a offence. What is required to attract Section 489C IPC is that the person keeping such forged or counterfeit currency notes intended to use the same as genuine.
8. Having considered, this Court is of the view that the applicant deserves to be enlarged on bail.
9. The bail application is allowed.
10. Let the applicant Jony Kumar be released on bail, on their executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.
(Ravindra Maithani, J.) 01.07.2022 Jitendra