Bail) Ruslan Petrov Metodiev vs State Govt Of Nct Of Delhi on 12 March, 2025

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Delhi High Court - Orders

Bail) Ruslan Petrov Metodiev vs State Govt Of Nct Of Delhi on 12 March, 2025

1. The present application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (formerly Section 439 of the Code of Criminal Procedure, 19732) seeks regular bail in proceedings arising from FIR No. 163/2023 dated 21st June, 2023 registered under Sections 489B/489C of the Indian Penal Code, 18603 at P.S. Special Cell (Delhi). Subsequently, a chargesheet was filed and the Applicant has been charged with offences under Sections 489B/489C/489D of IPC and Section 14 of the Foreigners Act, 1946.

2. A copy of the status report has been handed over across the Board and 1 "BNSS"

"Cr.P.C."

"IPC"

BAIL APPLN. 4521/2024 Page 1 of 8

This is a digitally signed order.

3. In brief, the case of the prosecution is as follows:

3.1. On 21st June, 2023, the police received specific intelligence regarding a foreign national allegedly engaged in the supply of Fake Indian Currency Notes.4 The information indicated that he would be arriving at Ganda Nala Road, near Najafgarh- Kapashera Road, Delhi between 10:00 AM to 12:00 Noon to deliver a consignment of FICN to one of his contacts namely, Ashaiba.

3.2. Acting on this input, a raiding team was formed and a trap was laid at Ganda Nala Road near Bajgheda Chowk, Delhi. At the designated time, the police intercepted and apprehended the suspect, identified as Ruslan Petrov Metodiv, the Applicant. Upon searching his bag, a paper packet containing 16 bundles of currency notes in ₹500 denominations was recovered. In total, 1,600 notes amounting to ₹8,00,000/- in suspected FICN were seized. The recovered material was duly taken into police custody through a seizure memo, and the present FIR was registered. The Applicant was arrested on the same day.

3.3. During interrogation, the Applicant disclosed that he is a Bulgarian national who first arrived in India in 2018 and subsequently visited again in 2019. He was previously arrested in connection with FIR No. 35/2019, registered at P.S. Tughlak Road, Delhi, and was granted bail in January, 2021. The Applicant further revealed that during his prior incarceration, he came into contact with individuals involved in the printing and circulation of FICN. Initially, he worked as a courier, delivering FICN across Delhi-NCR 4 "FICN"

BAIL APPLN. 4521/2024 Page 2 of 8

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:26:56 under the instructions of his associates. However, realizing the profitability of the trade, he allegedly began printing FICN himself and distributing it within Delhi-NCR. He disclosed that the counterfeiting operation was being conducted from his rented residence at Flat No. 681, 1 st Floor, C-1 Block, Palam Vihar, Gurugram and the equipment could be recovered from the premises.

3.4. Based on the Applicant's disclosure, a search was conducted at his residence, leading to the recovery of one lamination machine, one paper scaling and cutter machine, one scale, one paper cutting tool, one loose bundle/rim of papers, one loose bunch/rim of tracing papers, 35 tracing papers bearing the impression of '500' (green colour), 'RBI', '500', 'भारत', and pictures of Mahatma Gandhi, 30 semi-finished FICN seats, 3 wooden frames with imprints of numeral '500', one metallic clamping tool, 2 adhesive spray bottles, one bottle of glitter powder, one green foil paper roll, one glittering foil paper roll, one LED lamp, 8 plastic containers having ink, one plastic box having white colour paint, one box containing 5 LED lights with wires, 2 laptops, 2 printers used for preparing FICN and cash of INR 1,89,000/-. The recovered items were taken into police custody through seizure memos, and consequently, Section 489D of IPC was added to the present case.

3.5. On 18th July, 2023, the recovered FICN of ₹8 lakhs along with FSL form and relevant documents were deposited in the Government Currency Note Press, Government of India, Devas, Madhya Pradesh. On 10th August, 2023, the certified copy of CNP Report (Devas) was obtained which reported: "The referred suspected Rs. 500/- X 1600 notes are of NOT HIGH BAIL APPLN. 4521/2024 Page 3 of 8 This is a digitally signed order.

3.6. The Applicant's passport was verified through the Embassy of the Republic of Bulgaria, and its genuineness was confirmed. However, the passport had expired on 14th June, 2023. The Applicant had submitted an application for its renewal, but the same remains under consideration. Accordingly, Section 14 of the Foreigners Act, 1946, was added.

4. Counsel for the Applicant argues that the Applicant has been falsely implicated and urges the following grounds in support of his request for bail:

4.1. The Applicant has remained in custody since 21st June, 2023. With the investigation now complete and both the chargesheet and supplementary chargesheet having been filed, there is no further justification for his continued incarceration. Given that the prosecution's case primarily hinges on documentary evidence, the possibility of tampering stands effectively ruled out. Consequently, no meaningful purpose would be served by prolonging his detention.

4.2. The Applicant's arrest is based solely on his confessional/disclosure statement recorded during police custody, which is inadmissible in law.

There are no independent witnesses, CCTV footage or videographic evidence supporting the prosecution's case. Additionally, the prosecution has failed to establish the Applicant's presence at the location mentioned in the FIR.

4.3. The witnesses cited in chargesheet are also from the Special Cell, Delhi Police itself. Therefore, there is possibility of the Applicant influencing or pressurizing any witness.

4.4. A plain reading of the FIR and chargesheet does not disclose the BAIL APPLN. 4521/2024 Page 4 of 8 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:26:56 commission of offences under Sections 489B, 489C or 489D of IPC by the Applicant. While it is alleged that the Applicant was found in possession of fake currency, the prosecution has failed to produce any evidence demonstrating that he was engaged in counterfeiting, circulating or knowingly using FICN. The mere recovery of currency notes, without proof of active involvement in their printing or distribution, does not suffice to establish the ingredients of the alleged offences.

4.5 As per the seizure memo, the recovered items, including laptops, printers, sheets, inks and cutters, do not possess evidentiary value to establish that they were used by the Applicant for counterfeiting. 4.6 The Trial Court has already directed the prosecution to produce the Call Detail Records of the raiding team which will demonstrate that it is a case of false implication.

5. On the other hand, Mr. Amit Ahlawat, APP for the State, strongly opposes the bail application. He argues that the chargesheet contains sufficient material to establish the Applicant's culpability. He emphasizes that, beyond the seizure of FICN, the recovery of specialized equipment from the Applicant's residence unequivocally indicates his active involvement in counterfeiting operations. Additionally, he relies on the FSL report, which purportedly contains incriminating internet chat files, and videos substantiating the Applicant's role in the offence. The prosecution further highlights that the Applicant's previous bail applications have been rejected- first by the ASJ, Patiala House Courts, by orders dated 18 th October, 2023 and 23rd October, 2024, and subsequently by this Court on 23rd January, 2024.

BAIL APPLN. 4521/2024 Page 5 of 8

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:26:56

6. The Court has considered the afore-noted facts and contentions of both sides.

7. The prosecution's case is not solely based on the recovery of FICN from the Applicant but is further substantiated by other material seized during the investigation from his residence, including digital devices, printers and raw materials used for counterfeiting, indicating that the Applicant's alleged activities were part of an ongoing operation. A forensic examination of the raw materials, laptops, and mobile phones recovered from the Applicant's residence revealed that the Applicant had conducted multiple online searches related to the production of counterfeit currency, including materials and techniques used in counterfeiting.

8. Furthermore, during the forensic analysis of the solid-state drive (SSD-A) recovered from the Applicant's possession, a video file with the path "SSD-A-DATA\MULTIMEDIA\VID-20230618-WA0001.mp4" was retrieved. The video purportedly shows the Applicant recording himself while printing the RBI emblem, the numeral '500,' and the image of Mahatma Gandhi using a printer. This visual evidence further corroborates the prosecution's claim that the Applicant was engaged in the production of counterfeit currency.

9. At this stage, the Court, while considering a bail application, must refrain from conducting a detailed or meticulous examination of the prosecution's evidence, as any conclusive finding could prejudice either party. However, on a prima facie basis, the documents and digital evidence produced by the prosecution, as enclosed with the chargesheet, sufficiently indicate the commission of the offences for which the Applicant has been BAIL APPLN. 4521/2024 Page 6 of 8 This is a digitally signed order.

10. The Applicant is a foreign national and his passport has already expired. While he has applied for renewal, its status remains pending. Given the serious nature of the allegations against him and the potential for a lengthy sentence if convicted, there exists a strong possibility that the Applicant may abscond if released on bail.

11. The charges against the Applicant are grave, invoking Sections 489B, 489C and 489D of IPC, which pertain to counterfeiting currency, along with Section 14 of the Foreigners Act, 1946. The circulation of counterfeit currency poses a significant threat to the national economy, disrupting financial stability and regulatory mechanisms. The motives behind such activities often extend beyond mere profit and can contribute to economic destabilization by undermining liquidity and financial security. Counterfeiting is also closely linked to various other illegal activities, including drug trafficking, illicit arms trade, cross-border money laundering and human trafficking. The adverse impact of such operations on the economy is severe. In the present case, the Applicant was found in possession of FICN and the very existence of such counterfeit currency implies its intended circulation, as counterfeit notes serve no purpose unless introduced into the financial system.

12. In light of the serious nature of these offences and considering the material available on record, the Court finds no justifiable ground to grant bail to the Applicant at this stage.

13. It is clarified that any observations made in the present order are for the purpose of deciding the present bail application and should not influence BAIL APPLN. 4521/2024 Page 7 of 8 This is a digitally signed order.

14. Accordingly, the present application is dismissed.

SANJEEV NARULA, J MARCH 12, 2025/ab BAIL APPLN. 4521/2024 Page 8 of 8 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:26:57

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Delhi High Court - Orders