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High Court of DelhiBAIL APPLN./2561/2024

Munish Ahmed v. State Of NCT Of Delhi (NCT)

2024-07-24Hon'Ble Mr. Justice Anoop Kumar Mendiratta3 pages

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUNISH AHMED .....Petitioner Through:

Mr.

Sameer Shrivastava and Mr. Harshit Goel, Advocates.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Yudhvir Singh Chauhan, APP with SI Nishant Suron, Special Cell / SR.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 24.07.2024 CRL.M.A. 21378/2024 & 21379/2024 Exemptions allowed, subject to just exceptions. Applications stand disposed of.

1.

An application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0365/2022, under Sections 489B/489C IPC, registered at PS: Special Cell. 2.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

3.

In brief, as per the case of prosecution, on 07.12.2022, a secret information was received that Munish Ahmed (petitioner herein), who is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

involved in circulation of fake Indian currency notes, would be arriving beneath Railway Bridge near Anand Vihar Railway Station for receiving fake Indian currency from his counterpart. A trap was accordingly laid and petitioner was apprehended after he received a bundle of fake Indian currency notes from a woman, later on identified as Mabia Khatoon. During search, petitioner was found in possession of fake Indian currency notes in denomination of Rs. 500 amounting to Rs. 1,00,000/-. Also fake Indian currency notes of denomination of Rs. 500 amounting to Rs. 97,500/- were recovered from co-accused Mabia Khatoon.

4.

Learned counsel for petitioner submits that petitioner is in custody since 07.12.2022 and is no more required for the purpose of investigation. He further contends that offence under Section 489B IPC is not disclosed though, charge has been framed under Section 489B IPC. He further submits that since all the witnesses are police witnesses, there is no possibility of influencing the witnesses.

5.

Learned APP for the State vehemently opposes the application and submits that petitioner is habitual offender and is involved in FIR 18/2018, 941/2015 and 48/2020, under Sections 489B/489C IPC. Apart from above, petitioner is also stated to be involved in FIR No. 94/2011, under Sections 384/506 IPC.

6.

Admittedly, petitioner is a repeated offender since multiple cases under Sections 489B/489C IPC stand registered against him. Since the circulation of fake Indian currency notes apart from weakening the economy of the country, also dupes the innocent citizens to whom the currency is passed, the offences cannot be treated lightly. Considering the totality of the facts and circumstances, serious nature of allegations against the petitioner and the fact The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that he is a repeated offender, no grounds for bail are made out. Application is accordingly dismissed. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.

JULY 24, 2024/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.