Rajasthan High Court - Jaipur
Sharwani @ Saniya W/O Kishan Singh D/O ... vs State Of Rajasthan (2024:Rj-Jp:2391) on 16 January, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:2391]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14314/2023
1. Sharwani @ Saniya W/o Kishan Singh D/o Prabhu Singh,
Aged About 30 Years, R/o Bhanwariya Patan, Tehsil
Raipur, Police Station Raas, District Beawar (Raj.) (At
Present Confined In Central Jail, Ajmer)
2. Deepak S/o Shankar Singh, Aged About 21 Years, R/o
Bhanwariya Patan, Tehsil Raipur, Police Station Raas,
District Beawar (Raj.) (At Present Confined In Central Jail,
Ajmer)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Bhura Ram Khileri, Rps, At Present S.h.o. Police Station
Beawar City, District Beawar (Raj.)
----Respondents
Connected With S.B. Criminal Miscellaneous Bail Application No. 14938/2023 Surendra Singh S/o Gheesu Singh, Aged About 23 Years, R/o Bhavariya Patan, Tehsil Raipur, Police Station Ras, District Beawar (Raj.) (Presently Confined In Sub Jail, Beawar)
----Petitioner Versus
1. State Of Rajasthan, Through P.p
2. Bhuraram Khileri Rps Sho, Police Staton Beawar City, District Ajmer.
----Respondents
For Petitioner(s) : Mr. Shyam Bihari Gautam
Mr. Rahul Singh Meratwal
For Respondent(s) : Mr. M.K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
16/01/2024
1. These instant bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No.745/2023 registered at Police Station Beawar City, District Beawar (Rajasthan) for the offences under (Downloaded on 09/02/2024 at 10:09:24 PM) [2024:RJ-JP:2391] (2 of 3) [CRLMB-14314/2023] Sections 489B and 489C of IPC. Later on, police filed the charge- sheet in this matter for the offences under Sections 489B, 489C, 120B, 201 and 489D of IPC.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. They submit that there is no allegation of circulation of counterfeit currency-notes against the petitioners. According to charge-sheet, petitioners were found in possession of counterfeit currency-notes of Rs. 41,000/- in denomination of Rs.500/-. They further submit that mere possession of counterfeit currency-notes cannot be termed as an offence. It is further submitted that it is a bailable offence under section 489C of IPC. There are no criminal antecedents of the petitioner. Petitioners are in custody since 25.09.2023. Charge-sheet has been filed and trial will take considerable time. They also contend that further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the bail application and submits that there is serious allegation against the petitioners as they were found in possession of counterfeit currency.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that there is no allegation of circulation of counterfeit currency-notes against the petitioners; charge-sheet has been filed; absence of criminal antecedents as well as looking to the custody period, but without (Downloaded on 09/02/2024 at 10:09:24 PM) [2024:RJ-JP:2391] (3 of 3) [CRLMB-14314/2023] commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications.
6. These bail applications are accordingly allowed and it is directed that accused-petitioners- (1) Sharwani @ Saniya W/o Kishan Singh D/o Prabhu Singh (2) Deepak S/o Shankar Singh & (3) Surendra Singh S/o Gheesu Singh shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. However, it is made clear that the petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. If breach of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioners by this Court.
(ANIL KUMAR UPMAN),J DEEPA RANI -69-70 (Downloaded on 09/02/2024 at 10:09:24 PM) Powered by TCPDF (www.tcpdf.org)