Rajikul Shekh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No.1217 of 2019 • Rajikul Shekh, S/o Shri Harun Shekh, Aged About 30 Years, R/o Imamjagir, Police Station Kaliya Chak, District Malda (West Bangal) ---- Appellant

Versus

• State Of Chhattisgarh Through Police Station Ambikapur, District Sarguja, Chhattisgarh ---- Respondent For Appellant Shri A. K. Chaki, Advocate For Respondent Ms. Fouzia Mirza, Addl. AG Hon'ble Justice Shri Prashant Kumar Mishra Hon'ble Justice Shri Gautam Chourdiya Order On Board by Shri Prashant Kumar Mishra 18/11/2019 1.

This appeal under Section 21 (4) of the NIA Act, 2008 would call in question the order passed by the trial Court dismissing the appellant's application under Section 439 of CrPC for his release on regular bail.

2.

The appellant has been arrested on 30.04.2018 for being found in illicit possession of counterfeit currency notes of Rs.2000/- denomination.

3.

We have seen the case diary produced by the learned State counsel. The accused persons were found circulating the counterfeit notes in large numbers, as Rs.2000/- denomination

currency notes were found in their possession to the value of Rs.2 Lakhs.

4.

It is argued that the witnesses so far examined before the Trial Court have turned hostile and the appellant is in jail since 30.04.2018, therefore, he is entitled to be released on bail. 5.

An offence under Section 489 (B) (C) of the NIA Act for dealing in counterfeit currency notes is a serious offence against the economy of the country, therefore, merely because one witness examined before the trial Court has turned hostile, the seriousness of the offence would not be affected. 6.

Considering the quantity of counterfeit currency notes recovered from the appellant, we are not inclined to allow the appeal directing his release on bail.

7.

Accordingly, the appeal is dismissed.

Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge Nirala