Allahabad High Court
Raghvendra Singh @ Raju vs State Of U.P. on 27 May, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 2469 of 2020 Applicant :- Raghvendra Singh @ Raju Opposite Party :- State of U.P. Counsel for Applicant :- Atul Verma,Rishi Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State of U.P. through video conferencing.
The present bail application has been filed on behalf of the applicant in Case Crime No.774 of 2019, under Sections 489A, 489B, 489C, 489D, 489E I.P.C., Police Station - Vibhuti Khand, District - Lucknow with the prayer to enlarge him on bail.
The submission of learned counsel for the applicant is that the applicant is an innocent person and in jail since 20.11.2019. It is further submitted on behalf of the applicant that as per the prosecution case, the applicant and co-accused Ramapati Yadav were intercepted by the police team on the information of the informant. He further submitted that at around 05:00 p.m., one person came with the scooty on the place of incident and started talking to another person, who was already present there and on pointing out of the informer, both the persons were arrested. On interrogation, they stated their name and the applicant handed over one packet containing fake currency notes of Rs.100/- bearing No.89B222717 and second person Ramapati Yadav handed over one packet containing two bundles of fake currency notes of Rs.100/- each, totaling Rs.20,000/- and they confessed that they are running a group for preparing and providing fake currency by printing the notes by Printer.
Learned counsel for the applicant further submitted that his father was sick, as a result, he had taken Rs.10,000/- from Ramapati Yadav, who provided fake currency amount to Rs.50,000/-. He further submitted that the notes were prepared through printer and on his pointing out, the printer was recovered.
Learned counsel for the applicant further submitted that no offence under Sections 489A, 489B, 489C and 489D I.P.C. is made out and at most offence can be governed under Section 489E I.P.C. and he further submitted that the offence is triable by Magistrate. He further submitted that the co-accused Ramapati Yadav has been granted bail by the court below vide order dated 12.12.2019 in Bail Application No.8609 of 2019 and he does not have any criminal history. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the allegation against the applicant is of printing fake currency by printer but he conceded the fact that co-accused Ramapati Yadav has already been granted bail by the court below.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Raghvendra Singh @ Raju - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned within two months from the date of lifting of Covid-19 lock-down, subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 27.5.2020 S. Shivhare