This bail application has been moved on behalf of the applicant Rajvir Singh Tyagi who is involved in Case Crime No. 410 of 2009, under Sections 489 Kha and 489 Ga I.P.C., Police Station Bahjoyee, district Moradabad. The complainant of this case is one S.I. Fateh Singh who was the S.H.O. of P.S. Bahjoyee, district Moradabad on the relevant date. The date of the alleged incident is 25.6.2009 and time is 18 hours. On that date the complainant was patrolling in his area alongwith some other police personnels and the police party was checking the vehicles also. The complainant noticed that 3 persons riding a motorcycle were coming towards the spot where the police party was checking the vehicles. The complainant signalled the said motorcycle to stop whereupon all the 3 persons tried to speed away but could not succeed. One of them, who was driving the motorcycle, was nabbed but two of them managed to escape. On inquiry, the detained persons disclosed his name as Rajveer Tyagi. On his search, counterfeit currency note worth Rs. 1 lac was recovered from his possession. The counterfeit currency notes were of 500 denominations and the accused was having in his possession two bundles, each of 100 currency notes. The recovery and arrest memo was prepared on the spot.
Heard learned counsel for the applicant and learned A.G.A. It has been submitted by learned counsel for the applicant that the applicant is in jail since 24.6.2009, that he is innocent and has committed no offence, that he was arrested on 24.6.2009 and on a date subsequent to that he was challaned showing counterfeit notes in his possession. It has been further submitted that in the instant case there is no compliance of Sections 100/165 of Criminal Procedure Code. It has also been submitted that there is no criminal history behind the applicant. It has also been contended that the applicant is a farmer and nothing illicit was recovered from his possession. The bail application has been vehemently opposed by learned A.G.A. He has said that it is virtually impossible for any police party to plant 200 counterfeit note of 500 denominations. He has further stated that the applicant is a regular dealer in counterfeit currency note and such dealing is causing damage to the economy of the country.
I have heard learned counsel for the applicant as well as learned A.G.A. and perused the materials available on record.
The applicant was found in his possession 200 numbers of counterfeit currency note each 500 denomination. A report from the Currency Note Press, Nashik Road, Nashik has been received in which it has been mentioned that the notes are counterfeit notes. In my opinion, it is not possible for a police party to manage such amount of counterfeit currency notes just to falsely implicate the applicant in the case.
I have considered all the aspects of the case. Without expressing any opinion as to the merits of the case, I am of the view that no case for bail is made out. The bail application is rejected.
Order Date :- 2.4.2010 S.B.