Veer @ Veerbhadra Layan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1330 of 2019 Veer @ Veerbhadra Layan, S/o Lokhnath Layan, Aged About 22 Years, R/o Sakin Ward No. 15, Bus Stand, Hasoud, Police Station Hasoud, District Janjgir Champa Chhattisgarh ---- Appellant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Birra, District Janjgir Champa Chhatisgarh.

---Respondent For Applicant :

Shri Awadh Tripathi, Advocate For Respondent/State :

Shri Santosh Bharat, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/04/2019 Heard.

1. The applicant has been arrested in connection with Crime No.60 of 2017 registered at Police Station- Birra, Dist. Janjgir Champa (C.G.) for the alleged commission of offence under Section 489(A),(B)(C) of IPC.

2. Case of the prosecution is that from co-accused Lakeshwar Yadav, fake currency of Rs.50,000/- were seized and upon his memorandum, that he was receiving the fake currency from present applicant, it is alleged that from the house of the applicant, plain papers have been seized which, prima facie, indicates that the applicant was involved in the preparation of counterfeit currency.

3. Learned counsel for the applicant would submit that the allegation against the applicant is false and he has been involved on the basis of memorandum of co-accused Lakeshwar Yadav and the seizure of fake currency said to be made only from Lakeshwar Yadav not from the present applicant. No currency has been seized from the possession of the applicant nor any printing machine. He would further submit that Lakeshwar Yadav has been

-2granted bail by this Court in MCRC No.6081 of 2017 on 09.11.2017. Therefore, the present applicant may also be granted bail.

4. On the other hand, learned counsel for the State has opposed the bail application and submits that looking to the material, prima facie, regarding involvement of the present applicant in the preparation of fake currency notes, the application may be rejected.

5. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that the recovery of fake currency said to have been made from co-accused Lakeshwar Yadav and allegation against the applicant is based on the memorandum of Lakeshwar Yadav and that no fake currency said to be recovered from the possession of the applicant and further that Lakeshwar Yadav has been granted bail in MCRC No.6081 of 2017, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha