Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8118-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2283 of 2024 Arun Sidar S/o Jaypal Sidar aged about 18 years Occupation Student R/o Villlage Saraipali P.S. and Tahsil Sarangarh District Sarangarh Bilaigarh Chhattisgarh
... Appellant versus State of Chhattisgarh, through the Station House Officer, Police Station Saraipali, District Mahasamund Chhattisgarh ... Respondent ----------------------------------------------------------------------------------------------- For Appellant : Mr. Manoj Kumar Jaiswal, Advocate For Respondent /State : Mr. S.S. Baghel, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble
Mr. Ramesh Sinha, Chief Justice
Hon'ble
Mr.
Ravindra Kumar Agrawal
, Judge
Order on Board Per Ramesh Sinha, Chief Justice 17.02.2025
1. This is second round of litigation by the appellant for grant of regular bail under Section 21(1) of the National Investigation Agency Act, 2008, whereby the appellant seeks to challenge the
order dated 20.11.2024 passed by the learned Special Judge (NIA Act) Bilaspur, District Bilaspur, in Special Case (NIA) No. 25/2024 by which his application seeking grant of regular bail has been rejected. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.18 13:22:11 +0530
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2. In the first round, CRA No. 576 of 2024 filed by the appellant, challenging the order dated 14.02.2024 passed by the learned Special Judge (NIA Act) Bilaspur, District Bilaspur, whereby a bail petition filed by the appellant under Section 439 CrPC has been rejected, has been dismissed by this Court vide order dated
03.04.2024. 3. The prosecution story, in brief, is that on a secret information being received on 31.01.2024, when the Pickup vehicle bearing registration No. CG-13-AU-4610 was stopped and checked near Agrasen Chowk, Saraypali, District Mahasamund, in four plastic bags counterfeit currency notes of denomination Rs. 500/- total counterfeit currency of Rs. 3 Crores 80 Lacs was seized upon which Crime No. 39/2024 for the offences under Section 489(B), 489(C) and 34 of the IPC was registered by the police of Police Station, Saraipali, District Mahasamund and the appellant was arrested. 4. Mr. Manoj Kumar Jaiswal, learned counsel for the appellant submits that appellant has been falsely implicated in the ofence in question. The owner of the vehicle is the father of the appellant. The vehicle was used for transporting of vegetables and on the date of incident, the appellant received a phone call from Mobile No. 9244593844 for transportation of goods from an unknown person to which he agreed. The appellant loaded the goods i.e. bundle of Sarees in his vehicle and followed the said unknown person. He was not knowing as to what was inside the bundle of
3 those Sarees. The fake currency notes were recovered from plastic bags loaded by that unknown person and not from the exclusive possession of the appellant. He further submits that out of 16 prosecution witnesses, 07 witnesses have already been examined and they have not supported the case of prosecution. He also submits that there is no material on record constituting any offence so alleged against the present appellant, he is in jail since 31.01.2024 and he is teenager student and he has no any previous similar record and conclusion of the trial would take some time.
It has been further argued that other co-accused Lakeshwar Prasad Dubey has already been granted regular bail by this Court in CRA No. 1113/2024 vide order dated 16.08.2024, hence, he prays that this appeal may be allowed and the appellant may be released on bail. 5. On the other hand, Mr. S.S. Baghel, learned Dy Government Advocate, appearing for the State/respondent, while opposing this appeal, submits that the charges levelled against the appellant are very serious in nature relating to an offence of possessing counterfeit currency notes and that too in such a huge quantity. 6. We have heard learned counsel for the parties and perused the materials available on record. 7. Considering the fact that the FIR has been registered against the appellant for the offences under Sections 489-B, 489-C and 34 of the IPC which are serious in nature as a huge quantity of
4 counterfeit currency notes have been seized from the vehicle which the appellant was driving and the same also belongs to his father and no explanation has been given by the appellant for such a huge recovery of counterfeit currency. This case is not a case of false implication and case of co-accused Lakeshwar Prasad Dubey is distinguished from the case of the present appellant and further considering the fact that, his first bail application has already been dismissed on merits by this Court on 03.04.2024, this Court is not inclined to allow this appeal for release of the appellant on bail. 8. In the first round of litigation, there was already a direction in CRA No. 576 of 2024 to conclude the trial of the case expeditiously within a period of six month from the date of filing of charge-sheet, if there is no other legal impediment. Further on the request being made by Special Judge (NIA Act), Bilaspur, Chhattisgarh in CRMP No. 2836/2024 (Arun Sidar Vs.
State of Chhattisgarh) vide order dated 23.10.2024, further 06 months’ time was already granted from the next date of hearing of the case i.e. 18.11.2024 and from perusal of the order-sheet of the trial Court, it appears that the trial is in progress and witnesses are regularly examined before the trial Court. 9. Accordingly, this appeal is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra