Kanhaiya Lal And ANR. v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3569 of 2016

1. Kanhaiya Lal, S/o. Komal Lal Meshram, aged about 43 years, R/o. Rajim, Police Station : Rajim, Revenue District : Gariyaband, Civil District- Raipur (C.G.)

2. Dr. Vijay Kumar Verma, S/o. Ramadhar Verma, aged about 50 years, R/o. Veergaon, Ward No.27, Police Station : Urla, Revenue and Civil District : Raipur (C.G.) ----Applicants

Versus

1. State of Chhattisgarh, Through : Police Station - Tumgaon, Revenue and Civil District - Mahasamund (C.G.) ---- Respondent For Applicant : Mr. P.P. Patel, Advocate For Respondent/State : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 12/07/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.105/2014, registered at Police Station - Tumgaon, District - Mahasamund (C.G.) for the offence punishable under Section 489 d] [k] x] 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicants were involved in preparation of the fake currency note and the applicants were also arrested in the similar offence at Orissa. Subsequently they

Page No.2 were further inculpated on their memorandum and certain fake currency note were also seized and they were produced from Orissa jail.

3.

Learned counsel for the applicant submits that the applicants have falsely been implicated in this case. It is further submitted that no evidence is available against this applicants since the similar offence was registered against the applicant, therefore, the applicants have been falsely implicated in this case. It is further submitted that charge-sheet in this case has been filed and the applicants are in jail since 11.08.2015, therefore, the counsel prays that the applicants may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Perused case diary and statements. Perusal of statement of Govind, shows that from the possession of the applicant, huge quantity of fake currency notes were seized and they were going to exchange the fake currency note with original. Taking into such fact and the evidence available in this case against the applicants, I am not inclined to release the applicants on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram