Madhya Pradesh High Court
Tabrej Khan vs The State Of M.P on 22 July, 2021
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-33166-2021
The High Court Of Madhya Pradesh
MCRC-33166-2021
(TABREJ KHAN Vs THE STATE OF M.P)
Jabalpur, Dated : 22-07-2021
Heard through Video Conferencing.
Shri Shreyash Pandit, Advocate for the applicant.
Shri Santosh Yadav, Panel Lawyer for the respondent/State.
Heard with the aid of case diary.
This is the second bail application filed under section 439 Cr.P.C.
Applicant Tabrej Khan was arrested on 21/9/2020 in Crime No.455/2020 registered at Police Station Kohefiza, District Bhopal (M.P.) for the offence punishable under Sections 489-A, 489-B, 489-C and 120-B of IPC.
The first bail application of the applicant was dismissed on merits by this Court vide order dated 08/12/2020 passed in M.Cr.C.No. 49995/2020.
A s per prosecution case, on 18.07.2020 co-accused Mukesh Yadav went to English Liquor shop located at Lalghati, Bhopal and tried to circulate counterfeit note of Rs.100/-. At that point of time, Nitin Ahirwar, Sub- Inspector, Police Station Kohefiza who was on patrolling, reached there and arrested co-accused Mukesh Yadav and seized 6 counterfeit currency notes of Rs.100/- total Rs.600/- from his possession. On interrogation, co-accused Mukesh Yadav informed the police that the said notes were given to him by co-accused Habib who is the friend of his employer Sanjay Singh Bundela and he also informed the police that co-accused Habib and Sanjay Singh Bundela are sitting in a Scorpio jeep bearing registration No.MP-11-CC-1598. On that Nitin Ahirwar, Sub-Inspector along with other members of the police force went to the spot where he found that one Scorpio jeep bearing registration No.MP-11-CC-1598 was parked at Lalghati near Petrol Pump under the bridge. On seeing the police, one person who was sitting on the driver seat of the jeep (later identified as co-accused Habib) fled away from the spot. He arrested co-accused Sanjay Singh Bundela who was also sitting Signature Not Verified SAN in that vehicle. On searching co-accused Sanjay Singh Bundela, counterfeit Digitally signed by VARSHA SINGH Date: 2021.07.22 18:24:37 IST 2 MCRC-33166-2021 currency notes of Rs.100/- worth Rs.65,000/- were found, which were kept by Sanjay Singh in his vest's pocket. On interrogation, co-accused Sanjay Singh Bundela informed the police that co-accused Habib had given those currency notes to him in lieu of Rs.32,000/-. Police registered Crime No.455/2020 for the offence punishable under Section 489-A, 489-B, 489-C of IPC at Police Station Kohefiza and investigated the matter. During the investigation, it was found that applicant Tabrej Khan and co-accused Sandeep @ Shaky, Ankit @ Ketan and Ayush used to prepare counterfeit currency notes in the house of applicant Tabrez and they gave counterfeit currency notes to accused Habib. On that police also arrested co-accused Ankit @ Ketan and seized 60 counterfeit currency notes of Rs.100/- total Rs.6,000/- from his possession and also seized one colour printer and other instruments used in preparing counterfeit note from the house of co-accused Ankit @ Ketan and co-accused Ayush and also seized 25 counterfeit notes of Rs.100/- total Rs.2,500/- from the possession of co-accused Ayush Piyani, seized 38 counterfeit notes of Rs.100/- total Rs.3,800/- from the possession of co-accused Sandeep Shakya and seized 53 counterfeit notes of Rs.100/- total Rs.5,300/- from the possession of applicant Tabrej Khan and arrested them.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Though earlier bail application of the applicant was dismissed on merits by this Court vide order dated 8/12/2020 passed in M.Cr.C.No. 49995/2020 but thereafter this Court granted bail to the co-accused persons namely Khalid Qureshi, Habib Khan, Sanjay Singh Bundela, Sandeep Shaky and Ayush Piyani have already been released on bail by this Court vide orders dated 02/12/2020, 8/6/2021, 8/6/2021, 29/6/2021 & 29/6/2021 passed in M.Cr.C.Nos.44325/2020, 20504/2021, 20866/2021, 19749/2021 and 21318/2021, so the applicant is also entitled for grant of bail on the basis of parity. The applicant has no criminal past, he has Signature Not Verified SAN been in custody since 21/9/2020, charge sheet has been filed and the Digitally signed by VARSHA SINGH Date: 2021.07.22 18:24:37 IST 3 MCRC-33166-2021 conclusion of the trial will take time, hence prayed for the release of the applicant on bail.
Learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question. So, he should not be released on bail.
Looking to the facts and circumstances of the case and the fact that the applicant has no criminal past, co-accused persons namely Khalid Qureshi, Habib Khan, Sanjay Singh Bundela, Sandeep Shaky and Ayush Piyani have already been released on bail by this Court vide orders dated 02/12/2020, 8/6/2021, 8/6/2021, 29/6/2021 & 29/6/2021 passed in M.Cr.C.Nos.44325/2020, 20504/2021, 20866/2021, 19749/2021 and 21318/2021, charge sheet has been filed, the applicant is in custody since 21/9/2020 and the conclusion of the trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;Signature Not Verified SAN Digitally signed by VARSHA SINGH Date: 2021.07.22 18:24:37 IST
4 MCRC-33166-2021
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without prior permission of the trial Court.
C.C. as per rules.
(RAJEEV KUMAR DUBEY) JUDGE VS Signature Not Verified SAN Digitally signed by VARSHA SINGH Date: 2021.07.22 18:24:37 IST