NITYANAND Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No. 20/2014 registered at Police Station Dongripali, District Raigarh, for the offence punishable under Section 489-B of the IPC. Case of the prosecution, in brief, is that present applicants came to liquor shop of complainant Ashok Sonkar and after purchasing liquor, gave one currency of Rs. 1,000/- which was found fake and on that basis, Ashok Sonkar lodged a report with said police station against the applicants and after investigation, both the applicants were arrested.

(2.) Learned counsel for the applicants submits that mens rea i.e. knowing or having reason to believe the currency notes or banknotes are forged or counterfeit, is necessary to constitute offence under Section 498-B of IPC. He would further submit that applicant No. 1 was having, no knowledge that alleged currency note of Rs. 10000/- was forged or fake and there is no allegation against the applicant No. 2 and in absence of mens rea no offence under Section 489-B of IPC is made out, they have been arrested on 19.11.2014, and as such, the applicants be released on regular bail.

(3.) On the other hand, learned counsel for the State opposes the bail application and would submit that forged currency of Rs. 1000/- has been seized from the applicant No. 1 and therefore, they are not entitled to be released on bail.