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Madhya Pradesh High Court · body

2021 DIGILAW 675 (MP)

Mohammed Anshu v. State of M. P.

2021-10-01

SUJOY PAUL

body2021
ORDER 1. This is the third application filed by the applicant/accused under section 439 of Cr.P.C for grant of bail in connection with Crime No.321/2019 registered at Police Station, Dewas Kotwali, Distt. Dewas for the offences registered under sections 489A, 489B, 489C, 489D of the IPC. 2. Learned counsel for applicant submits that applicant is in custody since 5.4.2019. Only three witnesses have entered the witness box till date. The trial is proceeding with snail speed. This Court has granted bail to co-accused Krishna Narayan Gupta on 20.10.2019 in M.Cr.C. No.43503/2019. As per prosecution story, only few notes of Rs.50/- were allegedly recovered from the applicant. The applicant is arraigned on the basis of memorandum statement of main accused Noushad Ansari. Such statement recorded u/s. 27 of Indian Evidence Act has no evidentiary value against the applicant. The applicant may be enlarged on bail. The prayer is opposed by Ms. Phaye, learned G.A. She placed reliance on the statement of Faruq recorded u/s.161 of Cr.P.C. it is submitted that Faruq deposed that applicant worked with Noushald intermittently in his room wherein counterfeit currency notes were allegedly manufactured. 4. I have heard the parties and perused the case diary. 5. The said statement of Faruq dated 7.5.2019 shows that the applicant and Krishna Narayan Gupta allegedly worked with main accused Noushad. This Court has granted bail to Krishna Narayan Gupta on 20.11.2019. The counterfeit currency notes of denomination of Rs.50/- were also recovered from Krishna Narayan Gupta. Considering the nature of accusation, principle of parity and period of custody, I deem it proper to enlarge the applicant on bail. 6. Accordingly, it is directed that the applicant Mohammed Aanshu be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court regularly on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of section 437 of Cr.P.C.