Neutral Citation No. - 2025:AHC:20370 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44761 of 2024 Applicant :- Mohammad Sahid Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava, Syed Mohammad Abbas Husain Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed by learned AGA is taken on record. Heard learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mohammad Sahid, seeking enlargement on bail in Case Crime No. 335 of 2024, under Sections 178, 179, 180, 181, 182 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Civil Lines, District Prayagraj. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.8.2024. Learned counsel for the applicant submits that FIR dated 28.8.2024 is stated to have been lodged at 12:54 hours against the applicant and three other accused persons in the aforesaid sections regarding an incident said to have been taken place on 28.8.2024 at 10:30 hours. As per the facts stated in the first information report. Learned counsel for the applicant submits that two persons namely Mohd. Afzal and the applicant were apprehended with 300 and 200 notes of Rs.100/- denominations, respectively. All the counterfeited currency recovered bore the same Sr. No. 979331. The aforesaid arrested persons took the Police to Jamia Habibiya Madarsa wherefrom one Zahir Khan was arrested from a room. It has been contended by learned counsel for the applicant that the applicant is a motorcycle mechanic having one small shop of repairing and maintenance of motorcycle and he has been falsely implicated in the present case. He has no previous criminal history. As per the FIR version, the police party on the information of the informer have arrested three persons including the present applicant and recovered fake currency. It is contended that there is no independent witness of the alleged recovery of 1300 fake currency notes of Rs.100/- each, 234 printed pages with notes printed on them, one laptop of HP Company (silver), one colour printer of HP company (Black), one keyboard (black), one mouse (black), two cutter blades, one scissor, two scale (ruler), one green shiny cello tape, 2 original notes of Rs.100/-. It is contended that applicant had carried out repair works on the motorcycle of one police constable posted at Police Station Civil Lines, Prayagraj and had raised a bill of Rs.4,000/- which was not paid and after insistence for paying the amount, he has been falsely roped in this case. Learned counsel for the applicant submits that paper used for printing counterfeited notes were of low quality and cannot be used for counterfeited notes. The other materials such as printer, computer etc., have not been recovered from the applicant and the same have been recovered from the other co-accused persons. Charge-sheet in this case has also been submitted before the Court below. Whatever the recovery is possible, the same has already been effected. Further, custodial interrogation of the applicant is not required. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Mohammad Sahid, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable heavy sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 13.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad