RAM NIWAS Vs. STATE OF U P

JUDGEMENT

(1.) WHAT offence is made out on the basis of possession of counterfeit currency notes is the main point that falls for consideration in this bail application.

(2.) BY means of this application under Section 439 of the Code of Criminal Procedure (in short, 'the Cr. P.C.'), prayer for bail has been made on behalf of the applicant Ram Niwas s/o Balram in Case Crime No. 1241 of 2008 under Sections 489A, 489B, 489C and 420, I.P.C. and Section 2/3 of U. P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (in short, 'the Gangsters Act') of P. S. Kotwali, District Bareilly.

(3.) THE main submission made by learned counsel for the applicant was that even if the entire version of the F.I.R. is accepted to be true, the offence would not travel beyond Section 489C, I.P.C., which is bailable and hence, the applicant as of right is entitled to be released on bail. THE contention of the learned counsel was that possession of counterfeit currency notes is punishable under Section 489C, I.P.C. only and in such case, the offence punishable under Section 489B, I.P.C. would not be made out.