DIPAK MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

(2.) This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Crime Branch P.S. (Special Task Force) Case No.18 of 2023 arising out of G.R. Case No.382 of 2023 pending in the file of learned S.D.J.M., Birmaharajpur, for commission of offences punishable under Ss. 489-A/489-B/489-C/120-B of IPC, on the allegation that his elder brother co-accused Tasabanta Meher @ Akha had procured Rs.41,16,000.00 (Rupees Fourty one Lakhs Sixteen Thousand) fake currency notes in shape of Rs.500.00denomination on 31/8/2023 and kept the same in his bed room with direction to the petitioner to hand over the same to a customer who will be coming on 1/9/2023 evening by retaining Rs.12,00,000.00(Rupees Twelve Lakhs) from the said customer.

(3.) Mr. H.S. Mishra, learned counsel for the petitioner submits that neither any offence U/Ss.498-A to 489-C of IPC nor the offence U/S.120-B of IPC is attracted against the petitioner because there is absolutely no material available on record to indicate that the petitioner has ever counterfeited any currency notes or used the same as genuine or consciously found in possession of such forged and counterfeited currency notes intending to use the same as genuine and that it may be used as genuine. It is further submitted by him that accepting the recovery of fake currency notes from the house of the petitioner, it cannot be attributed to the petitioner because one person of nearby area of Barpali Town being acquainted with the family members of the petitioner had come to their house and requested to keep a bundle for some time which he had promised to take back after some hours and the said person kept the box in their house and the petitioner did not know what was/were the contents of such box, but immediately thereafter police raided the house of the petitioner and searched the box as well as found the fake currency notes, however, the petitioner has no role in the entire transaction. Mr. Mishra by the aforesaid submission has, accordingly, prayed to the Court to grant bail to the petitioner.