Vijay Kumar Verma - (1.) HEARD Sri G. S. Chaturvedi, senior advocate, assisted by Sri Shishir Tandon, appearing for the applicant and A.G.A. for the State.
(2.) PRAYER for bail in this bail application under Section 439 of the Code of Criminal Procedure (in short 'the Cr. P.C.,'), has been made on behalf of applicant Mahesh Kapoor, who on the relevant date was posted as cashier in Prathama Bank Agavanpur, district Moradabad. An F.I.R. was lodged on 3.5.2008 at reporting Police Chauki, Agavanpur by the complainant Gulam Shabir S/o Shakhawat. A case under Sections 489A and 489B, I.P.C. was registered against the cashier Prathama Bank, Agawanpur. The allegations made in the F.I.R., in brief, are that the complainant had withdrawn Rs. 50,000 on 2.5.2008 from Prathama Bank Agavanpur from his Account No. 19106. One bundle of Rs. 500 currency notes was given to the complainant by cashier of the Bank. It is alleged that in the bundle, 39 currency notes were found counterfeit. It is also alleged that when the complainant went to the Bank to exchange the fake currency notes, the cashier refused to exchange the notes and asked the complainant to come on 3.5.2008 and when the complainant went to the Bank on 3.5.2008, the cashier declined to exchange the counterfeit currency notes, which he had given to the complainant on 2.5.2008. The main submission made by the learned counsel is that incident of giving counterfeit currency notes to the complainant by the applicant is said to have occurred on 2.5.2008, but no F.I.R. was lodged by the complainant on that date. It is also submitted in this context by the learned counsel that after withdrawing the money from Bank, the complainant did not check the currency notes then and there and after carrying the bundle of currency notes from Bank and breaking the bundle, false F.I.R. was lodged next day. Certain other arguments on merit have also been made by the learned senior counsel, but lastly it is submitted that the applicant is ready to deposit the disputed amount.
(3.) ACCORDING to the allegations made in the F.I.R., 39 currency notes of Rs. 500 (total amount Rs. 19,500) were found counterfeit. The applicant is ready to deposit the entire amount. Although, due to deposit of the amount by the applicant, the offences would not be wiped out and on being convicted, the applicant will have to face legal consequences, but taking into consideration overall facts, without expressing any opinion on merit of the case, I consider it appropriate to admit the applicant to bail. Accordingly, subject to the condition of depositing Rs. 19,500 (Rupees Nineteen thousand five hundred) before the Court concerned, let the applicant Mahesh Kapoor S/o Late Om Narayan Kapoor be released on bail in Case Crime No. 380 of 2008, under Sections 489A and 489B, I.P.C., P. S. Civil Lines, district Moradabad on his executing a personal bond for Rs. 25,000 and furnishing two sureties each in the like amount to the satisfaction of the Court concerned and executing an undertaking in the following terms : 1. That the applicant shall cooperate with speedy trial. 2. He shall not tamper with the prosecution evidence by intimidating the witnesses. 3. He shall not leave India without seeking prior permission of the trial court till conclusion of the trial. ;