Jakir Sekh @ Jakir Sk v. The Union Of India

13.09.2022 Item No.4 Ct.No.01 F.B/gsd CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM(DB) 231 of 2022 In Re: An application for bail under Section 439 of Cr.P.C in connection with Special (NIA) No. 01(03)/2020 arising out of Case No.

RC-10/2020/NIA/DLI dated 12.03.2020 under Sections 489B/489C of the IPC 1860 and Sections 16/18/20 of the Unlawful Activities (Prevention) Act, 1967.

In the matter of : Jakir Sekh @ Jakir Sk ... Petitioner.

Mr. Kunaljit Bhattcharjee Mr. Alok Sah ... For the Petitioner.

Mr. Sudipto Kumar Mazumdar ... For the ASG.

Mr.Vinod Agarwal ... for the NIA Party/parties is/are represented in the order of their name/names as printed above in the cause-title. This is an application for bail under Section 439 of the Cr.P.C. in connection with Special (NIA) No. 01(03)/2020 arising out of Case No.

RC-10/2020/NIA/DLI dated 12.03.2020 under Sections 489B/489C of the IPC 1860 and Sections 16/18/20 of the Unlawful Activities (Prevention) Act, 1967.

Mr. Bhattacharjee, Learned Counsel, appearing for the petitioner, submits that no recovery of illegal counterfeit currency notes was made from the petitioner. The petitioner's name only surfaced from the mobile call records of the principal accused and the name of the petitioner does not feature in the F.I.R. and it only appears in the Supplementary Charge-sheet.

It is also submitted that in connection with another case, the petitioner is already on bail.

Accordingly, a prayer is made that the petitioner be granted the privilege of bail.

Mr.

Agarwal, Learned Counsel appearing for the Respondents/NIA, produces a formal Reply to the pleadings of the petitioner in the bail application being CRM(DB) 231 of 2022. From the averments in the Reply, it is submitted that the petitioner is a part of a well organized network dealing in counterfeit currency notes. The petitioner was not only in touch with the principal accused over the mobile numbers as stated in the Report but also has dealt with in the past with the fake currency notes. Having heard the rival submissions and closely considering the materials placed, this Court is of the view that this is not a fit case to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is Rejected. CRM(DB) 231 of 2022 is disposed of accordingly. Affidavit-of-service filed be retained with the record. u All parties are to act on a server copy of this order from the official website of this court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Krishna Rao, J. ) (Subrata Talukdar, J.)