Kumar Shankar v. State Of Maharashtra

2023:BHC-AS:31353

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.882 OF 2023 ANAND KUMAR RACHANA MAMDAPUR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT WITH BAIL APPLICATION NO.97 OF 2023 SHIV KUMAR SHANKAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Manoj Singh a/w Adv. Puneet S. Shukla a/w Adv. Anjali A. Tripathi for the Applicant in BA/882/2023. Adv. Tapan Thatte a/w Adv. Vivek Arote for the Applicant in BA/97/2023.

Ms. Veera Shinde, APP for the State.

PSI Gorakh Satpute, Dadar Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 19, 2023 P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

These are applications for bail in respect of the offence punishable under Sections 489-B, 489-C, 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 14.07.2022 vide C.R. No.597 of 2022 with Dadar Police Station.

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3.

The applicant-Anand Kumar Rachana Mamdapur is the accused No.1. The applicant-Shiv Kumar Shankar is the accused No.2. The accused No.3-Kiran Arun Kamble is alleged to be printing the counterfeit currency notes. From the applicant-Anand Kumar Rachana Mamdapur, 12 counterfeit currency notes of the denomination of Rs.100/- worth Rs.1,200/- was recovered on his personal search. Thereafter 140 counterfeit currency notes of the denomination of Rs.100/- amounting to Rs.14,000/- and 149 counterfeit currency notes of the denomination of Rs.200/- amounting to Rs.29,800/- totaling Rs.43,800/- was recovered at the instance of the applicant pursuant to a memorandum panchanama recorded. So far as the accused No.2-Shiv Kumar Shankar is concerned, 61 counterfeit currency notes of the denomination of Rs.200/- amounting to Rs.12,200/- was recovered from his personal search. 4.

Learned APP submitted that the accused are actively involved in circulating these counterfeit currency notes and the accused Nos.1, 2 and 3 are residing together in Karnataka. According to the prosecution the accused No.3 2/5

is manufacturing and printing the counterfeit currency notes. From the residence of accused No.3 the HP printer and other objects used for printing of such counterfeit currency notes were recovered.

5.

Though it is the submission of learned APP that there are some bank transactions between some of the accused indicating transfer of money, prima facie from the materials on record it appears that the applicants were found in possession of counterfeit currency notes. The accusations of printing are against the accused No.3. The accused No.1 was arrested on 14.07.2022 and the accused No.2 was arrested on 22.07.2022. The applicants are now in custody for more than one year and two months. The investigation is complete and the charge-sheet has been filed. The trial is likely to take a long time to conclude. The applicants can be enlarged on bail by imposing stringent conditions. In my opinion, the applicants do not appear to be a flight risk. There are no criminal antecedents reported against the applicants. Hence, the following order :- 3/5

O R D E R

(a) The applications are allowed.

(b) The applicants-Anand Kumar Rachana Mamdapur and Shiv Kumar Shankar in connection with C.R. No.597 of 2022 registered with Dadar Police Station shall be released on bail on their furnishing P.R. Bond of Rs.50,000/- each with one or more solvent sureties in the like amount.

(c) The applicants shall attend the Investigating Officer of Dadar Police Station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicants shall not tamper with evidence. (e) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.

(f) The applicants shall attend the trial regularly. (g) The applicants shall surrender their passports, if any, to the investigating officer.

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(h) The applicants shall co-operate with the trial Court and shall not seek unnecessary adjournments. (i) The applicants shall not leave the county without the permission of the trial Court.

(j) The applicants shall not leave the State of Maharashtra till further orders of the trial Court. 6.

The applications are disposed of.

(M. S. KARNIK, J.) 5/5