Anaar Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 202 of 2018 Anaar Sinha, S/o Devilal, aged about 48 years, R/o village Haditola, Police Station Chilhati, District Rajnandgaon (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through the Police Station Ambagarh Chauki, Distt. Rajnandgaon (C.G.) ---- Non-applicant For Applicant :

Mr. S.S. Baghel, Advocate.

For Non-applicant : Mr. Dilman Rati Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/03/2018 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procdure, 1973 for releasing him on regular bail during trial in connection with Crime No. 187/2017, registered at Police Station Ambagarh Chauki, Distt. Rajnandgaon (C.G.), for the offence punishable under Sections 489A, 489B, 489C, 489D and 489E of the Indian Penal Code. (2) Case of the prosecution, in brief, is that the applicant and other co-accused persons were printing counterfeit currency notes of Rs.11,300/-, denomination in 100 and were circulating the same in the market and thereby committed the aforesaid offence.

(3) Learned counsel for the applicant would submit that the co-accused Ganesh Ram Jagade, who is similarly placed, has been released on bail by this Court on 06.03.2018 in M.Cr.C. No.193 / 2010. He submits that the applicant is in detention since 03.09.2017 and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State submits that the applicant has found using forged currency note in the market. He submits that when the applicant went to the Bank to deposit the said counterfeit notes and when it was notice, the applicant absonded from the bank, which is offence punishable under Section 489B of the IPC and for which punishment prescribed is life imprisonment. He further submits that the case of the present applicant is distinguishable from the other co-accuses persons namely Vikram Singh & Ganesh Ram Jangade as they were only found in possession of the counterfeit currency notes. (5) I have heard learned counsel appearing for the parties and perused the case diary. (6) The case of present applicant is quite different from the other co-accused persons, who were enlarged on bail by this Court as the present applicant has used the counterfeit currency notes by depositing the same in the Bank and when it was noticed then he absconded from the Bank.

(7) Taking into consideration the nature and gravity of the offence, facts & circumstances of the case and the fact that case of the present applicant is distinguishable from the other coaccused persons, who were granted bail by this Court and the punishment prescribed for that offence is life imprisonment, I am not inclined to grant regular bail to the applicant. Thus, the bail application is rejected.

Sd/- (Sanjay K. Agrawal) Judge D/-