Allahabad High Court
Mohd Zafar vs State Of U.P. on 30 October, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38305 of 2019 Applicant :- Mohd Zafar Opposite Party :- State of U.P. Counsel for Applicant :- Om Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri Om Narayan Mishra, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case on account of political influence. He further submitted that the co-accused Shamim and Chhote @ Chhotu have already been granted bail by a Coordinate Bench of this Court vide orders dated 15.7.2019 and 24.10.2019 in Crl. Misc. Bail Application Nos.24979 of 2019 & 42582 of 2019 respectively, copy of bail order of co-accused Shamim is annexed at page-20 of the bail application and the bail order of co-accused chhote @ Chhotu has been produced by learned counsel for the applicant today in Court and the same is taken on record. He next argued that the recovery of fake Notes of Rs.100/- and Rs.50/- amounting to Rs.96000 and semi fake Note amounting to Rs.36000, total Rs.1,32,000/- have been made from the joint possession of the applicant and co-accused Shane Alam, which is absolutely false recovery and there is no independent or public witness of the alleged recovery. The applicant is in jail since 13.5.2019.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant was arrested on the spot and counterfeit currency of Rs.1,32,000/- was recovered from his possession along with other material for counterfeit currency. He further submitted that the co-accused Shamim and Chhote @ Chhotu who have already been granted bail are concerned, it is stated that from possession of co-accused Shamim only Rs.1600/- was recovered and so far as co-accused Chhote @ Chhotu is concerned no recovery was made from his possession and the applicant is failed to explain the money recovered from his possession.
Taking into account the recovery made from possession of the applicant and his spot arrest, without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant-Mohd. Zafar involved in Case Crime No.156 of 2019, under Sections 489A, 489B, 489C, 489D I.P.C., Police Station Gal Shahid, District Moradabad.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 30.10.2019 NS