Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely implicated showing the recovery of fake currency notes to the tune of Rs.9,850/- from him. It is also submitted that on his confessional statement and on his pointing out, a recovery of printer has also been shown. There is no public witness to the said recovery.
It is the case of prosecution that the printer was used in printing the cloned notes, however, the said printer was sent for the report of Central forensic Science Laboratory for examination. The report of the laboratory has been filed along with the affidavit by the State which depicts that the printer is not functional as such, no opinion has been given by the forensic Science expert(s).
It is submitted that even if the entire case is accepted, only offence under Section 489-C is attracted which is punishable for a maximum period of seven years or fine or both and it is a bailable offence. The case is triable by Magistrate.
The co-accused Ram Kamal Yadav has already been enlarged on bail by a coordinate Bench of this Court vide order dated 29.9.2020, passed in Bail No.2262 of 2020. . The applicant has no previous criminal history. The applicant is in jail since 13.1.2020.
It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the submission made by the parties' counsel, and also considering the fact that there is no public witness to the recovery memo and the device recovered from the possession of the present applicant is not linked with the alleged fake currency notes and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant Satish Kumar Pandey alias Moon Pandey involved in Case Crime No.0007 of 2020 under Sections 489-A, 489-B, 489-C, 489-D, 489-E I.P.C., P.S. Alambagh, district Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 20.1.2021 kkb/