1 2025:CGHC:13398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2227 of 2025 Premanand Sarkar S/o Nirapad Sarkar Aged About 44 Years R/o Transit Camp, Rudrapur, District- Udhamnagar, Uttarakhand ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Farasgaon, District- Kondagaon (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shobit Koshta, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 148/2024, registered at Police Station Farasgaon, District- Kondagaon (CG) for the offence punishable under Section 179, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the Crime No. 148/2024 of Farasgaon Police Station, Kondagaon District, reveal that the applicant/accused is charged under Section 179 and 3(5) of the Indian Penal Code for allegedly using counterfeit currency notes of Rs.500 with co-accused Rajesh Sori on October 28, 2024, at 15:05 hours. Thereafter, alleged offence has been registered against the applicant and subsequently he has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that only on the basis of memorandum statement of co- accused, present applicant has been made an accused. He also submits that the bail application of co-accused, Rajesh Sori has been rejected by this Court vide order dated 17.03.2025 in MCRC No.1974/2025, from whom the recovery of counterfeit currency to the tune of Rs.1,10,000/- in denomination of Rs.500/- has been recovered, whereas from the possession of applicant counterfeit currency only to the tune of Rs.4,000/- in denomination of Rs.500/- has been recovered. The applicant is in jail since 01.11.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits 3 that present applicant had taken the said counterfeit currency from the co-accused, Rajesh Sori, whose bail application has already been rejected by this Court vide order dated 17.03.2025 in MCRC No.1974/2025, further there is seizure of counterfeit currency to the tune of Rs.4,000/- in denomination of Rs.500/- has been recovered from the possession of applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the bail application of co-accused, Rajesh Sori has already been rejected by this Court vide order dated 17.03.2025 in MCRC No.1974/2025, from whom the applicant has taken counterfeit currency to the tune of Rs.4,000/- in denomination of Rs.500/- and there is seizure of counterfeit currency to the tune of Rs.4,000/- in denomination of Rs.500/- from present applicant, as such, the case of present applicant is identical to that of the co- accused, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant-Premanand Sarkar, involved in Crime No. 148/2024, registered at Police Station Farasgaon, District- Kondagaon (CG) for the offence punishable under Section 179, 3(5) of BNS, is 4 rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil