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Calcutta High Court (Appellete Side)

489B/489C/120B/34 Of The Indian Penal ... vs In Re : Mohd. Ainal Hoque on 2 January, 2020

1 02.01.2020 92 sdas rejected C.R.M. 12008 of 2019 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 17.12.2019 in connection with Kaliachak Police Station Case No. 920 of 2017 dated 31.12.2017 under Sections 489B/489C/120B/34 of the Indian Penal Code.

And In Re : Mohd. Ainal Hoque .... petitioner Ms. Minoti Gomes ....for the petitioner Mr. Rana Mukherjee, Mr. Suman Saha ..... for the State Petitioner is in custody for 732 days. It is submitted by the learned Counsel appearing for the petitioner that no fake Indian currency note was recovered from him and the co-accused has been granted bail.

Learned Counsel appearing for the State opposes the prayer for bail and submits that the petitioner was driving the motor cycle which was used for transporting fake Indian currency notes.

We have considered the materials on record. We find that co- accused Renu Mandal was enlarged on interim bail on humanitarian ground. Petitioner does not stand on the same footing with the said co- accused.

2

Keeping in mind the prima facie involvement of the petitioner in the alleged crime and the gravity of the offence in transporting fake Indian currency notes of a large volume, we are of the opinion that this is not a fit case to grant bail to the petitioner.

Accordingly prayer for bail of the petitioner is rejected at this stage.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)