KACHRA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is the fifth bail application filed on behalf of the petitioner with a prayer of releasing him on bail. The police, after thorough investigation, has filed charge-sheet against the petitioner for the offences under Ss. 489-B, 489-C, 120-B IPC,1860; Ss. 15(a)(i)(iii)/13, 16, 17, 18 of the Unlawful Activities Act, 1967 and Sec. 5/25, 29 of the Arms Act read with Sec. 120 IPC. As per the charge-sheet, on 4/12/2014, the petitioner along with co-accused Nawab Khan was traveling in a jeep and when the police party apprehended the said vehicle and searched it, they seized 495 counterfeit notes equivalent to Rs.2,47,500.00 from co-accused Nawab Khan and the petitioner was with him in the vehicle.

(2.) During the course of investigation, the police concluded that the petitioner, co-accused Nawab Khan and other accused persons are members of a cartel, which is involved in circulating counterfeit notes and also involved in distributing illegal arms such as pistol etc., which has been smuggled from Pakistan. Learned counsel for the petitioner Mr. Manvendra Singh has argued that the petitioner is in jail since 4/12/2014 and, as such, he is in custody from more than 9 years and only on this ground, the petitioner is entitled to be enlarged on bail.

(3.) Learned counsel for the petitioner, while relying on Sec. 436-A CrPC as also placing reliance on the judgment of the Hon'ble Supreme Court rendered in Satender Kumar Antil Vs. Central Bureau of Investigation and Anr. (Special Leave Petition (CRL.) No.5191 of 2021, has prayed that the petitioner may be enlarged on bail looking to the custody period.