Uttarakhand High Court
Criminal Side vs State Of Uttarakhand .......Opp. Party on 4 September, 2014
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
Dated: Nainital: September 4, 2014
First Bail Application No.888 of 2014
Order on the bail application of accused
Criminal Side
Yaseem Salmani,
S/o late Shri Shabeer Salmani,
R/o Village Kalcheena,
Police Station-Bhojpur,
District Ghaziabad (U.P.).
.........Applicant
Versus
State of Uttarakhand .......Opp. Party
____________________________________________________________
Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. Karan Anand, Advocate, for the applicant and Mr. P.S. Saun, learned Deputy Advocate General for the State of Uttarakhand.
The applicant is in jail having been implicated in Case Crime No.98 of 2014, which has been registered under Sections 489A/489B/489C of I.P.C. Police Station-Kotwali, District-Dehradun.
According to the First Information Report fake currency notes were recovered from the possession of the applicant. Learned counsel for the applicant submits that even if the applicant can be said to have committed an offence under Section 489C I.P.C., for possession of fake currency notes, yet an offence is not made out as the entire ingredient of Section 489C of I.P.C. are not reflected even in the First Information Report. Section 489C of I.P.C., inter alia, says that there must be an intention to use it as genuine or that it may be used as genuine, which is not the case of the prosecution. Learned counsel for the applicant further 2 submits that the offence is bailable. Moreover, the applicant is in jail since April, 2014.
Considering the overall evidence which is presently available before this Court, the applicant has been able to make out a case for bail. The bail application is accordingly allowed.
Let the applicant (Yaseem Salmani) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned.
It is made clear that any observation made by this Court is only for the purpose of grant of bail. It shall not be taken into consideration at all in any other proceedings.
(Sudhanshu Dhulia, J.) 04.09.2014 ML