Chand Mohammad v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48098 of 2023 Applicant :- Chand Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2In terms of the FIR, it was alleged that on the basis of a search carried out, two notes of two hundred, which were allegedly counterfeit, was allegedly recovered from the applicant.

¶3The contention of the Counsel for the applicant is that there were no independent witness and is in custody since

23.08.2023.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the material leading to recovery including the statement of independent witness is prima facie missing and the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicant Chand Mohammad be released on bail in FIR/ Case Crime No.524 of 2023, under Sections 489A, 489B, 489C, 489D, 34 IPC, Police Station Gagaha, District Gorakhpur on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 8.11.2023 akverma High Court of Judicature at Allahabad