1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 4798/2009 Mohd. Najur vs. State of Rajasthan Dated : 10.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anil Upman, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Anil Upman Advocate on behalf of the applicant Mohd. Najur pertaining to F.I.R. No. 32/2009 registered at Hathipol, District Udaipur in the offence under Section 489-B of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated in this case. When he deposited the currency notes in his brother's account, he did not know that the currency notes which he was going to deposit were counterfeit. Learned counsel took me to the statement of Bank Manager and has contended that even the Bank Manager has verified the innocence of the petitioner. He has categorically stated that the petitioner was looking to be illiterate who did not understand distinction between counterfeit and genuine currency notes, hence, keeping in view the demeanor of the petitioner, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for State has opposed the bail petition. 5. Having considered the submissions made at the bar and scanned the relevant material on 2 record, it is noticed that 39 counterfeit currency notes were recovered from the possession of the petitioner. This fact is not required to be appreciated at this stage like as to what was the demeanor of the petitioner at the time of depositing the currency notes in his brother's bank account. It is the recovery which prevails on all other facts. Hence, I, without expressing any opinion on the merits of the case, do not deem it just and proper to grant any bail to the petitioner which deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Mohammad Najur stands dismissed. (MAHESH BHAGWATI)J. Mak/- s-3