BA/149/2014 of MAHARAM ALI ON BEHALF OF ACCD. FAJAR ALI Vs THE STATE OF TRIPURA on 19 December 2014

Party Name : MAHARAM ALI ON BEHALF OF ACCD. FAJAR ALI Vs THE STATE OFTRIPURA

THE HONBLE MR. JUSTICE S.C.DAS

This is a petition under Section 439 of CrPC praying for bail of accused Fajar Ali inconnection with Kakraban P.S. Case No.155 of 2014 registered under Section 489B of IPC.The accused petitioner having been surrendered on 26.11.2014 is now in custody.

Heard learned senior counsel, Mr. A.K. Bhowmik for the petitioner and learned Addl.

P.P. Mr. R.C. Debnath for the State respondent.

Case diary is produced. Perused the case diary.

The allegation is that the informant Charu Miah sold two cattle heads at a price of`33,500/- to the accused Fajar Ali on 18.09.2014. The accused made the payment to theinformant Charu Miah in cash with thirty numbers of thousand rupee currency notes andone five hundred rupee currency note. On 26.09.2014 the informant Charu Miah took outone thousand rupee currency note to purchase medicine for his daughter and at that timethe pharmacy people told that the currency note was fake. He thereafter reported theincident to the village elders and the village elders told that they will look into the matterafter Id festival. The informant Charu Miah thereafter found that out of those `33,500/-,`9,500/- was genuine notes and the rest was fake notes and thereby he spent `9,500/- forthe purpose of treatment of his daughter. He lodged the FIR on 05.10.2014.

If the informant could learn about the fakeness of the currency notes on 26.09.2014at least on that very day he would lodge the FIR against the accused. Anyway, the matter isnow under investigation and the investigating agency is collecting the evidence. So, I do notlike to comment on the merit of the case at this stage. However, I find it a fit case to grantbail as prayed for.

Accordingly, it is hereby ordered that accused Fajar Ali be released on bail on hisexecution of a bail bond of `50,000/-(rupees fifty thousand) with one surety of like amountto the satisfaction of learned Chief Judicial Magistrate, Gomati, Udaipur on condition thathe should appear before the I.O. as and when required and that he should not directly orindirectly interfere in the investigation or influence the witnesses.

Bail application accordingly stands disposed of.

Send a copy of this order to the Court of learned Chief Judicial Magistrate, Gomati,Udaipur.

Case diary is returned to learned Addl. P.P.