BRIJ PAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS is a petition under Section 439 Cr.P.C. for grant of bail in case FIR No. 102/2001, under Sections 489/B/489-C/4489-D read with Sections 120-B and 34 of IPC, P.S. R.K. Puram.

(2.) LEARNED counsel for petitioner submits that as per prosecution allegations on 20th February, 2001, one Sanju Singh was arrested while travelling in the bus on the allegations of having been found in possession of 11 counterfeit currency notes; on his disclosure statement two persons, namely, Subhash and Lalu Ghai were arrested; each one of them have been found in possession of 10 counterfeit currency notes and on disclosure of Lalu Ghai from the possession of petitioner 11 currency notes and Xerox machine was allegedly recovered. After investigation, challan has been filed. Learned counsel for petitioner submits that material witnesses have already been examined; prosecution allegations are totally false; petitioner has been falsely involved in the case; he has clean antecedents and there is no likelihood of his in any way tampering with the evidence; he is ready and willing to abide by any condition that this Court may impose. Learned APP for State vehemently argued that from the custody of petitioner Xerox machine and 11 counterfeit currency notes were recovered and, therefore, he is not entitled to be released on bail. I have considered the rival contentions. Material witnesses have already been examined, trial is not likely to conclude in the near future. There is nothing to indicate that petitioner was involved in any case in the past. In the facts and circumstances of the case, petitioner is ordered to be released on bail, on his furnishing personal bond in the sum of Rs. 50,000/- with two local sureties in the like amount to the satisfaction of the trial Court, subject to the condition that he shall not leave Delhi without prior permission of the trial Court, shall not tamper with the evidence and shall deposit his passport, if any. The trial Court may impose any further condition if deemed necessary.

(3.) Petition stands disposed of. Dasti. Petition dismissed.