Mohamad Ajaz @ Azas vs The State Of Telangana

This Criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking the relief of anticipatory bail.

The petitioner is arrayed as Accused No. 4 in Crime No. 136 of 2026 of Nizamabad V Town Police Station, Nizamabad District, registered for the offences punishable under Sections 179, 180, 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS").

Heard Ms. Parimala Parigi, learned counsel for the petitioner and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor, representing the respondent-State.

The prosecution case, in brief, is that the petitioner and other accused in a concerted manner and with a common intention selling the fake currency notes/children bank notes as genuine currency. The said acts of the accused came to light when the complainant was in vehicle checking duty at Nagaram Chowrasta, Nizamabad, Accused Nos. 1 and 2 were found in possession of Children Bank Notes, genuine cash, mobile phone and other incriminating material. It is alleged that during enquiry, the accused said to have confessed the role of the petitioner and that they used to prepare fake currency bundles by placing genuine 500 rupees notes on the top and bottom of the bundles of Children Bank Notes and cheat the innocent persons by selling the same as genuine currency. Based on the report, the crime came to be registered.

Learned counsel for the petitioner submits that the petitioner is innocent and has no involvement in the alleged offence. It is further submitted that the petitioner has been implicated solely on the basis of the confession statement of the co-accused, which is inadmissible in evidence. It is also contended that, except for the statement of the complainant, there is no other material on record showing the petitioner's involvement in the alleged offence or establishing that the petitioner and the other accused cheated any person by selling Children Bank Notes as genuine currency, as alleged in the confession statement. It is further submitted that there is no allegation that the fake notes/Children Bank Notes were actually used as genuine currency. Even according to the prosecution, the said Children Bank Notes were tendered anywhere or used as genuine currency. It is also contended that Children Bank Notes cannot, by themselves, be considered forged currency notes. Learned counsel submits that the petitioner is ready and willing to cooperate with the investigation and abide by any conditions that may be imposed. As the petitioner apprehends arrest and coercive action, learned counsel prays for grant of anticipatory bail or, in the alternative, for a direction to the investigating agency to serve notice under Section 35(3) of the BNSS.

Learned Additional Public Prosecutor opposed the petition, submitting that the allegations against the petitioner are specific and that the investigation is being pursued on the basis of the leads allegedly furnished by the co-accused in their statements of admission. However, he fairly submits that the allegation against the petitioner and the other accused is that they placed Children Bank Notes between genuine currency notes in a bundle and sold the same as genuine currency bundles and that there is no specific allegation that the said fake currency was actually tendered or used as genuine currency. Nevertheless, as the investigation is still pending and the presence of the petitioner/Accused No. 4 may be required for custodial interrogation, thus prayed for dismissal of the petition.

I have carefully considered the rival submissions and perused the material available on record.

The allegation against the petitioner is that, along with the other accused, he cheated certain unknown persons by selling fake currency/Children Bank Notes as genuine currency. However, there is no averment that any person who was allegedly cheated by the accused has lodged a report in the present crime. Further, admittedly there is no allegation that the said fake notes/Children Bank Notes were ever tendered or used as genuine currency by any person. Having regard to these circumstances, and considering the petitioner's willingness to cooperate with the investigation, without expressing any opinion on the merits of the case and leaving all the prerogatives of the investigating agency open in respect of all the alleged offences, I am of the view that it would be appropriate to direct the investigating agency to serve notice upon the petitioner under Section 35(3) of the BNSS and proceed with the investigation.

Accordingly, the petitioner is directed to appear before the Station House Officer, Nizamabad V Town Police Station, Nizamabad, within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue a notice to the petitioner under Section 35(3) of the BNSS in Crime No.136 of 2026 and shall thereafter proceed strictly in accordance with law, duly adhering to the principles and guidelines enunciated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The petitioner shall, in turn, extend full cooperation to the Investigating Officer during the course of investigation.

With the above direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.