ORDER : Both these bail petitions arise out of common FIR, hence are taken up together for disposal. 2. The petitioners are in judicial custody in connection with FIR No. 06/22, dated 04.01.2022, registered under Sections 489-A, 489-B, 489-C, 420 and 34 of Indian Penal Code, at Police Station, Manali, District Kullu. They were arrested on 04.01.2022 and by means of present petitions seek their release on regular bail. 3. As per status report:- 3(i) The FIR was registered on the basis of statement of one Smt. Neena Thakur recorded on 04.01.2022. She stated that she was running a shop near Vashisht Chowk, Tehsil Manali, District Kullu. On 04.01.2022, at around 10:30 A.M. a Tempo Traveller bearing No. HP-01-K5008 stopped near her shop. Some persons alighted from this Tempo Traveller and purchased/collected winter clothing from her shop on hire basis against cash payment of Rs. 2200/- . This amount was paid to her by one of the occupants wearing a white coloured jacket. During evening, while counting the money and tallying her account, it dawned upon her that some currency notes handed over by the afore described person could be fake as their serial numbers appeared suspicious. 3(ii) On the basis of the above complaint, investigation was carried out. While the investigation was in progress at the spot, one Shri Roshan Lal, who operates a Zipline in the nearby area of Kulang complained that he was also paid three counterfeit currency notes of Rs. 100/- denomination by a person wearing a white coloured jacket and travelling in the above described Tempo Traveller. The amount was statedly paid to him for the use of his Zipline. Further as per status report, Roshan Lal’s wife namely Smt. Phula Devi also came to the spot with the similar complaint of having been handed over one counterfeit currency note of Rs. 100/- by a person wearing white coloured jacket travelling in the Tempo Traveller. The note was statedly handed over to her in lieu of tea taken by the above described person in her Tea stall. 3(iii) The Tempo Traveller in question arrived at the spot in the evening. A person sitting therein, wearing white coloured jacket, was identified by all the three complainants. He was identified as Varinder Singh working as a Constable in Punjab Police [petitioner in Cr.MP(M) No. 336 of 2022]. He was searched in accordance with law. 3(iii) The Tempo Traveller in question arrived at the spot in the evening. A person sitting therein, wearing white coloured jacket, was identified by all the three complainants. He was identified as Varinder Singh working as a Constable in Punjab Police [petitioner in Cr.MP(M) No. 336 of 2022]. He was searched in accordance with law. Counterfeit notes of Rs.300/- were recovered from his person by the police officials. Another person travelling in the afore described vehicle was identified as Sukhwinder Singh working as a Constable in Punjab Police [petitioner in Cr.MP(M) No. 337 of 2022]. From his possession, three counterfeit notes of Rs. 100/- denomination were recovered. Assuming that the currency notes produced by the complainant Neena Thakur, Roshan Lal and his wife Smt. Phula Devi as well as the notes recovered from the possession of the petitioners Varinder Singh & Sukhwinder Singh were counterfeit currency, both the accused persons were arrested by the police officials on 04.01.2022. They are in custody ever since and by means of present petitions seek their enlargement on bail. 4. Learned counsel for the petitioners stated that the petitioners have been falsely and erroneously implicated for the commission of offences in FIR in question. That bail petitioners alongwith their wives had come to visit Manali on a tour sponsored by a Company called MI Life Style Company. Wives of the bail petitioners were employed in the said company. The tour was sponsored by the company. The tour group consisted of more than 100 members including the bail petitioners. All the members collected the money. There is no evidence on record that the bail petitioners were in conscious possession of counterfeit currency. Even assuming that currency notes allegedly recovered from the bail petitioners were fake, then also no case is made out against them. The bail petitioners never knowingly intended to use the counterfeit notes as genuine currency. Per contra, learned Additional Advocate General submitted that the bail petitioners are facing allegations for using counterfeit currency notes. The offences committed by the petitioners pose challenge to the economy of country. In the facts and circumstances of the case, the petitioners do not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and gone through the police record. The petitioners are facing accusations of possessing and using counterfeit currency. The offences committed by the petitioners pose challenge to the economy of country. In the facts and circumstances of the case, the petitioners do not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and gone through the police record. The petitioners are facing accusations of possessing and using counterfeit currency. Their defence at this stage is that they were not travelling independently in the vehicle in question. They were travelling alongwith other co-passengers of the tour. The status report is silent about the investigation being carried out from the other passengers of the Tempo Traveller. Even if it is assumed that the counterfeit currency was recovered from the petitioners, then also the possibility of their being in unwary possession of the same cannot be ruled out at this stage. Hon’ble Apex Court in (2001) 9 SCC 642 , titled Umashanker v. State of Chhattisgarh held that: “7. Sections 489-A to 489-E deal with various economic offences in respect of forged or counterfeit currency-notes or bank-notes. The object of Legislature in enacting these provisions is not only to protect the economy of the country but also to provide adequate protection to currency-notes and bank-notes. The currency-notes are, inspite of growing accustomedness to the credit cards system, still the backbone of the commercial transactions by multitudes in our country. But these provisions are not meant to punish unwary possessors or users. 8. A perusal of the provisions, extracted above, shows that mens rea of offences under Sections 480-B and 489-C is, "knowing or having reason to believe the currency-notes or bank notes to be forged or counterfeit". Without the aforementioned mens rea selling, buying or receiving from another person or otherwise tranfficking in or using as genuine forged or counterfeit currency-notes or bank-notes, is not enough to constitute offence under Section 489-B of I.P.C. So also possessing or even intending to use any forged or counterfeit currency-notes or bank-notes is not sufficient to make out a case under Section 489-C in the absence of the mens rea, noted above. No material is brought on record by the prosecution to show that the appellant had the requisite mens rea.” In (2019) 16 SCC 547 , titled Dipakbhai Jagdishchandra Patel vs State of Gujarat and Another, it was reiterated that mens rea of offences under Sections 489-B and 489-C is “knowing or having reason to believe the currency notes or banknotes are forged or counterfeit”. Without the aforementioned mens rea selling, buying or receiving from another person or otherwise trafficking in or using as genuine forged or counterfeit currency notes or banknotes, is not enough to constitute offence under Section 489-B IPC. Whether the petitioners had the intention of knowingly using the counterfeit notes as genuine currency is an aspect to be proved during trial by leading cogent evidence. At this stage in the facts and circumstances of the case for the purpose of deciding the bail petitions the defence put forward by the petitioners cannot be brushed aside. The conduct of the petitioners also assumes significance. The petitioners statedly returned to the shop of the complainant in the evening. They participated and co-operated with the investigating agency. As per status report, investigation qua the petitioners is complete. Challan is stated to be almost ready for presentation before the Court of competent jurisdiction. The petitioners are serving as Constables in Punjab police, therefore, possibility of their evading the trial can be ruled out. No criminal record of the petitioners has been indicated in the status report. In view of above, the present bail petitions are allowed. Petitioners are ordered to be released on bail on their furnishing personal bond of Rs. 75,000/- each with one local surety each in the like amount to the satisfaction of learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions: (i) The petitioners shall join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate with the Investigating Agency. (ii) The petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever: (iii) The petitioners shall not contact the complainant, threaten or browbeat her or to use any pressure tactics in any manner whatsoever. (iv) The petitioners shall not leave India without prior permission of the Court. (ii) The petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever: (iii) The petitioners shall not contact the complainant, threaten or browbeat her or to use any pressure tactics in any manner whatsoever. (iv) The petitioners shall not leave India without prior permission of the Court. (v) The petitioners shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer; (vi) The petitioners shall attend the trial on every hearing, unless exempted in accordance with law. (vii) The petitioners shall inform the Station House Officer of the concerned Police Station about their place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petitions and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations. With the aforesaid observations, these present petitions stand disposed of, so also the pending miscellaneous applications, if any.