Madhya Pradesh High Court
Rahul Meshram vs The State Of Madhya Pradesh on 25 February, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 25th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 8548 of 2022
Between:-
RAHUL MESHRAM S/O GHANSHYAM MESHRAM ,
AGED ABOUT 23 YEARS, OCCUPATION:
AGRICULTURIST WARD NO.8, VILLAGE SEVTI,
DIST.BALAGHAT (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI MAYANK
SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION BAIHAR POLICE STATION
BAIHAR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI REJI MATHAI, PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
T he applicant has been arrested on 26/06/2021 by Police Station-Baihar, District-Balaghat (MP) in connection with Crime No.168/2021 registered in relation to the offence punishable under Sections 489-A, 489-B, 489-C, 489-D, 489-E, 120- B and 420 of IPC.
It is submitted that the applicant has falsely been implicated in the case. He has not committed any offence in any manner. Charge sheet has been filed in the matter. Applicant is the first offender, having no criminal past. It is argued that as per the prosecution story, the applicant was found in possession of the counterfeit currency notes to the tune of Rs.2,000/-, Rs.5,000/-, Rs.200/- and Rs.100/-. It is submitted that he was not the manufacturer of the counterfeit currency notes. He was not trying to give counterfeit currency notes to any other person or have tried Signature Not Verified SAN to dispose of them in the market. The only allegation against the present applicant Digitally signed by SHALINI LANDGE Date: 2022.02.26 15:45:14 IST is that he was in possession of counterfeit currency notes, no other incrementing 2 material/article which can be used for the suppression of these counterfeit currency notes has been recovered from the possession of the present applicant.
In such circumstances, only Section 489 (C) of the IPC is attracted as there is no allegation of handing over the notes to anyone; therefore, no offence under section 420 of the IPC in the present case is not made out against the present applicant. As there is no further requirement of custodial interrogation of the present appellant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that he was found in possession of the counterfeit currency notes. He is required to explain that from where he has got those counterfeit currency notes for more than Rs.2,00,000/-. The statement of one Monulal has been recorded by the prosecution wherein he has categorically stated that he was trying to buy something from those counterfeit currency notes. The statements of several other witnesses under Section 164 of the Cr.P.C. has been recorded pointing out the fact that he was trying to purchase some articles by those counterfeit currency notes. Counterfeiting currency is a heinous offence and should not be dealt with leniency. In such circumstances, no case for grant of bail is made out and prays for rejection of the bail application.
Considering the over all facts and circumstances of the case, and looking to the active participation of the present applicant in the commission of offence, this court is not inclined to allow this application at this stage. Application is hereby rejected.
(VISHAL MISHRA) JUDGE Sha Signature Not Verified SAN Digitally signed by SHALINI LANDGE Date: 2022.02.26 15:45:14 IST