LAWS(HPH)-2012-1-29

VIRENDER SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On January 17, 2012
VIRENDER SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 99 of 2011 dated 27.07.2011, registered at Police Station, Shahpur, under Sections 489 -B, 489 -C, 34 IPC.

(2.) IT has been stated that petitioner has been falsely implicated in the case. The recovery as mentioned in the FIR has been planted upon the petitioner by the police for reasons best known to them. The petitioner does not have history of any criminal activity. It has been submitted that no offence under Section 489 -B IPC is made out against the petitioner. There is no evidence that petitioner was intending to use the alleged counterfeit currency as genuine. The offence under Section 489 -C IPC is bailable. The petitioner is in custody since long. The further custody of the petitioner is not necessary. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

(3.) THE complainant checked the currency note with more care and found it to be counterfeit. The complainant rushed towards that person who was about to sit in his car. He informed the police also. On inquiry, the said person disclosed his name as Gurpal Singh and other person who was sitting in the car disclosed his name Virender Singh. The said two persons had come to bazaar for using the counterfeit currency notes. On this, case under Section 489 -B, 489 -C, 34 IPC was registered. Both the accused were arrested.