Allahabad High Court
Rahish Ahmad vs The State Of U.P. on 30 July, 2010
Court No. - 28 Case :- BAIL No. - 6832 of 2009 Petitioner :- Rahish Ahmad Respondent :- The State Of U.P. Petitioner Counsel :- Jay Narayan Pandey Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned counsel for the applicant submitted that the applicant was found in possession of counterfeit currency notes of Rs. 13,500/-. It was next submitted that mere possession of counterfeit currency notes is an offence under section 489-C IPC which is bailable. There is no allegation that the applicant was involved in using the recovered currency notes. It was also submitted that the recovery has been planted by the police to falsely implicate the applicant.It was further submitted that co-accused Shamshuddin has already been enlarged on bail.
There does not appear to be any reasonable ground to believe that the applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the applicant, the severity of the punishment and submissions of the learned counsel for the applicant and the learned AGA, I am of the view that the applicant has made out a case for bail.
Let the applicant Rashid Ahmad involved in case crime No. 402 of 2009 under sections 489B, 489C, 489D, 489E, 420, 467, 468 and 471 IPC, P.S. Mahanagar, District Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Lucknow.
Order Date :- 30.7.2010 RKSh