Interim Order 28

Order Details: COPY OF ORDER
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IN THE COURT OF DR. HARDEEP KAUR,
ADDITIONAL SESSIONS JUDGE-02, NDD,
PATIALA HOUSE COURTS, NEW DELHI
In Sessions Case No. 295/2023
State
Versus
Irshad @ Bhuru
… Applicant/Accused
FIR No.165/2023
PS Special Cell
U/s 489A/489B/489C/34 IPC
ORDER
1. Vide this order, this Court shall dispose of application filed
on behalf of applicant/ accused Irshad @ Bhuru under
Section 439 Cr.P.C for grant of regular bail.
2. It is submitted by the Ld. counsel for applicant/ accused that
applicant/accused has been falsely implicated in the present
case merely on the basis of disclosure statement of co-
accused Tajeem and there is no independent corroborating
evidence connecting the applicant/accused with the
commission of alleged offences that he was indulged in
manufacturing and supply of FICNs.
3. It is further submitted that recovery of FICNs has been
planted upon the applicant/accused and he has no role to play
in the manufacturing of FICNs. It is further submitted that as
per the prosecution case, a printer was alleged to be
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recovered from the house of applicant/accused but there is no
mention of any such printer in the seizure memo which
creates a serious doubt on the credibility of the investigation.
It is further submitted that the recovery of instruments
allegedly used for manufacturing FICNs has also been
falsely attributed to the applicant as applicant is a jeweller by
profession and as part of his trade, printing papers and
printers are commonly available in his shop. It is further
submitted that as per the FSL report from Currency Note
Press, Nasik, the papers recovered from applicant/accused
are not certainly suitable for printing counterfeit currency
which in itself is sufficient to prove the innocence of
applicant/accused.
4. It is further submitted that in the present case, charges for
commission of offence punishable u/s 489B and 489C IPC
has already been framed against both the accused persons
and till date, nine witnesses have been examined.
5. It is further submitted that co-accused Tajeem has already
been enlarged on bail by the Hon'ble High Court of Delhi
vide order dated 04.09.2024. It is further submitted by Ld.
Counsel for applicant/accused that while granting bail to co-
accused Tajeem, Hon'ble High Court has observed that
investigation in the present case has already completed,
charge-sheet has been filed and trial in the instant matter is
likely to consume considerable time. It is submitted by Ld.
Counsel for applicant/accused that case of applicant/accused
Irshad @ Bhuru is also on the same footing, he is
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languishing in judicial custody since 22.06.2023. Hence, on
the grounds of parity, applicant/accused is also entitled to be
released on bail.
6. In support of his submissions, Ld. Counsel for applicant
/accused has placed reliance upon the judgments titled Vikas
Chawla v. The State of Uttar Pradesh & Anr Criminal Appeal
No. 97/2021 decided on 01.02.2021, Zishan Akhtar Abdul
Malik v. State of Maharashtra 2022 SCC OnLine Bom 4216,
Sunil Kumar Jha v. State Bail Application no. 1462 of 2008
decided on 16.09.2008 and Jamal Uddin Ahmad v. Abu Saleh
Najmuddin & anr (2003) 4 SCC 257.
7. Reply was filed by the IO to the bail application.
8. Ld. Addl. PP for State has vehemently opposed the
application and submitted that applicant/accused is the
mastermind in the present case and he is indulged in
manufacturing and supply of FICNs. Besides the recovery of
FICNs worth Rs.3 lacs, equipments/tools used for printing
FICNs were recovered from the house of applicant/accused.
9. It is further submitted that grounds of parity cannot be
claimed by the applicant/accused for the simple reason that
accused Tajeem was supplier whereas the present accused is
the source wherefrom accused Tajeem used to collect the
FICNs. The disclosure statement of accused Tajeem led the
investigating team to the arrest of applicant/accused. Besides
the recovery of FICNs worth Rs.3 lacs, equipments/tools i.e.
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wooden frame used for cutting notes, paper sheets used for
printing FICNs, paper sheets, green paper used for making
wire security thread in the FICN were also recovered from
the house of applicant/accused.
10.This Court heard the arguments on behalf of the parties
and perused the record carefully.
11. In the instant matter, applicant/accused is in judicial custody
since 22.06.2023. After going through the material available
on record, charges for commission of offence punishable u/s
489B and 489C IPC were framed against both accused
persons on 15.01.2024 and the matter is at the stage of
Prosecution Evidence. Till date, nine witnesses have been
examined including three public witnesses. The prosecution
witnesses remained to be examined are police witnesses
/official witnesses and there are no chances of
applicant/accused influencing the witnesses. Co-accused
Tajeem has been granted regular bail by Hon'ble High Court
of Delhi vide order dated 04.09.2024. Hence, this Court is of
the view that applicant/accused is entitled to be released on
regular bail on the ground of parity.
12. As a cumulative effect of the above discussion, the present
bail application is allowed. Applicant/accused Irshad @
Bhuru is admitted to regular bail upon his furnishing a
personal bond in the sum of Rs.50,000/- and one surety of
the like amount subject to the satisfaction of this Court and
further subject to the following conditions :-
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(a) Applicant/accused shall appear before this Court as and
when the matter is taken up for hearing.
(b) Applicant/accused shall provide his mobile number and
also the mobile number of his surety to the concerned IO,
both of which shall be kept in working condition at all times
and they shall not change the mobile numbers without prior
intimation to the concerned IO.
(c) Applicant/accused shall inform the IO his address where
he shall be available any time during the pendency of trial of
the present case.
(d) Applicant/accused shall not indulge in any criminal
activity and shall not communicate with or come in contact
with the witnesses.
13.Needless to say that nothing observed herein shall have a
bearing upon the merits of the case.
14.Application is disposed off accordingly.
15.Copy of this order be given dasti.
Typed to the dictation directly,
corrected and pronounced in the
open Court on 20.09.2024.
(Dr. Hardeep Kaur)
Additional Sessions Judge-02
New Delhi District, New Delhi
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