Rajasthan High Court - Jaipur
Dhanraj Nai vs State Of Rajasthan Through Pp on 13 November, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.II BAIL APPLICATION NO.2272/2013 Dhanraj Nai Vs. State Date of order : 13/11/2013. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anil Upman for the petitioner.
Shri Paresh Choudhary, P.P. for the State.
****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of learned counsel for the petitioner is that petitioner was arrested on the basis of information by co-accused Manoj and Suresh, who were the main accused and who have not been released on bail so far. However, his case is identical to Rajendra Chhallani, who was released on bail by order of the trial court on 29.1.2013. Petitioner is in jail for more than 27 months and the trial is not likely to get concluded early as the respondents have now moved an application u/s.311 Cr.P.C. for recall of the two witnesses, apart from that statement of one more witness is yet to be recorded. It is argued that there is no direct evidence against the petitioner except that the Investigating Officer and members of his team showing recovery of 47 counterfeit notes of Rs.500 each i.e. Rs.23,500 whereas from Rajendra Chhallani, who has been enlarged on bail, 24 notes of Rs.1,000 were recovered. The evidence against the petitioner is of possession and not of circulation. It is alleged that he received those notes from Rajendra Chhallani and the counterfeit currency notes was supplied to him by accused Manoj and Suresh, therefore, the offence would not travel beyond Section 489C of IPC.
Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Dhanraj Nai S/o Mohan Lal shall be released on bail in F.I.R. No.4/2011, P.S. Sog, Jaipur for offence u/s.489B, 489C and 120B of IPC to his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial on the following conditions:
(a) that the applicant shall make himself available for interrogation by the Investigation Officer as and when required and shall cooperate with the Investigation Officer;
(b) that the applicant shall not commit any offence similar to the offence of which he is accused or suspected, of the commission of which he is suspected;
(c) that the applicant shall be directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence;
(d) that the applicant shall attend the concerned court as and when directed and found necessary;
(e) that the applicant shall not leave the territory of India without previous permission of the concerned trial court, and shall deposit the passport, if any, before the trial court.
(f) that the applicant shall furnish his present correct residential alongwith the contact number before the trial court and shall also intimate the change, if any, which may take place in future to the trial court.
(MOHAMMAD RAFIQ), J.
RS/ All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.