Dr. Nafees v. State of U.P. Thru. Prin.Secy. Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12109 of 2023 Applicant :- Dr. Nafees Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Surendra Singh,Rajendra Pratap Singh,Vinay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Rajendra Pratap Singh, learned counsel for the applicant, Sri Rakesh Kumar Singh, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.136 of 2023, under Sections 489A, 489B, 489C, 420, 467, 468, 471 I.P.C., registered at Police Station Bhojpur, District Moradabad.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.05.2023 against three persons, including the applicant alleging that on the basis of information received from a mukhbir, police raided a room constructed above the go-down of the applicant. It is alleged that the applicant and co-accused, Nafees Ahmad were found printing huge quantity of fake currency notes. Sixty packets of fake currency notes, a laptop, H.P. Laser printer, a Cannon Scanner, a Lamination Machine, one ream of J.K. Excel Bond Paper, one ream of Fine paper and two role of polythene were recovered from the spot. The FIR mentions that no independent witness has witnessed the recovery.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in 6 other cases have been disclosed in para 14 of the affidavit, in 4 of which he has been granted bail, in 1 case the police has submitted final report and 1 case is under U.P. Gangster and Antisocial Activities (Prevention) Act, in which the investigation is going on.

¶5Co-accused Shahnaz alias Shahnaz Jahan has been granted anticipatory bail by means of an order dated 19.09.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2022 of 2023 and the other co-accused Nazim has been granted bail by means of an order dated 01.02.2023 passed by this Court in Criminal Misc. Bail Application No. 1182 of 2023.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that alleged recovery is of a commonly used laptop, printer, scanner and commonly used papers; that recovery has not been witnessed by any independent witness, that similar situate co-accused person Nazim has already been granted bail and he is languishing in jail since 06.05.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Dr. Nafees be released on bail in Case Crime No.136 of 2023, under Sections 489A, 489B, 489C, 420, 467, 471 I.P.C., registered at Police Station Bhojpur, District Moradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 11.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench