IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1249 of 2009 Order on the Bail application of accused CRIMINAL SIDE Amir Alam @ Bablu S/o Sagir ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.453 of 2009, U/Ss 489-B/489-C IPC, P.S. Kotwali Manglore, Distt. Haridwar Dated: December 22, 2009 Hon’ble Dharam Veer, J. Heard Sri Manish Arora, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant has argued that as per the averments made in the F.I.R. and in the recovery memo, 10 counterfeit currency notes each of Rs.500, in total Rs.5,000/-, were shown to be recovered from the possession of the present applicant. It is submitted on behalf of the applicant that in the recovery memo as well as in the F.I.R., no averment whatsoever was made that the applicant was using the counterfeit recovered currency as genuine currency. It is further submitted that only the recovery was shown from the possession of the applicant which, at the most, constitutes the offence punishable under Section 489-C IPC, and that is a bailable offence. Further, co-accused Guruwant Singh has been released on bail by this Court on 8.12.2009 and the applicant also deserves bail on the ground of parity. It was lastly submitted that the applicant has no previous criminal history; he is in jail since 13.10.2009 and the trial has yet not been started. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Amir Alam @ Bablu be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of J.M. Roorkee, District Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 22.12.2009 Rajeev Dang