✦ High Court of India · 21 Apr 2025

Mr. Zahied F Couhan, Ms. Iqura Khan, Ms. Nida Parveen and Mr. Gulshan Jahan v. STATE

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Length
1,948 words

Through: Mr. Laksh Khanna, APP for the State with SI Lovely Priyanka, P.S. Connaught Place and SI Rohit Teotia, P.S. North Avenue. 6 + BAIL APPLN. 703/2025 FARRUKH RASULOV .....Petitioner Through: Mr. Zahied F Couhan, Ms. Iqura Khan, Ms. Nida Parveen and Mr. Gulshan Jahan, Advocates. versus STATE OF NCT (DELHI) .....Respondent Through: Mr. Laksh Khanna, APP for the State with SI Lovely Priyanka, P.S. Connaught Place and SI Rohit Teotia, P.S. North Avenue. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R 21.04.2025 This hearing has been done through hybrid mode. The present applications under Section 483 of the Bharatiya Nagarik % 1. 2. Suraksha Sanhita, 2023 (earlier Section 439 Cr.P.C.) read with Section 482 of the Cr.P.C. has been filed on behalf of the applicants- Mirodil Umarov and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2025 at 14:53:09 Farrukh Rasulov seeking regular bail in FIR No. 109/2024 registered at P.S. Connaught Place for the offences punishable under Sections 420/511/489- B/489-C/467/468/471/34 of the IPC. 3. The case of the prosecution as per the status report dated 22.03.2025 is as under: “1. That the facts of the case are that, the complainant Kapil Kumar Mehta alleged that, on 17.04.2024 the two foreigners namely Mirodil Umarov and Farrukh Rasulov came to his shop Easy Forex, and asked him about the currency exchange rate. The accused stated that they had US Dollars which they wanted to exchange for Indian Rupees as they came India for tour. The complainant inspected the passports of the accused, which were from Uzbekistan and a copy of the same was taken and then asked for the currency for exchanging. Afterwards when the accused handed him over the allegedly counterfeit US Dollars, he became suspicious about the genuineness of the notes and enquired the accused about the notes. This made the accused nervous and they snatched the US Dollars from the hands of the complainant and ran away. The complainant ran after them and nabbed them with the help of police staff in front of Palika market, gate no 1, Connaught place, New Delhi. 2. After that, during night emergency duty of Sl Rohit Toetia. reached the spot and total of 70 Currency Notes of 100 US Dollar denominations were presented by the accused Mirodil Umarov, out of which a total of 03 Notes (06 Notes) were found to be the same Serial Numbers whose Serial Numbers are PH16049576B, PH16049570B, PH16049732B. A total of 50 Currency Notes of 100 US Dollar denominations were presented by the co-accused Farrukh Rasulov, out of which a total of 03 Pairs (06 Notes) were found to have the same Serial Numbers of PH16049530B, PH16049571B and PH16049759B. the aforesaid person Mirodil Umarov cheated and forged by placing fake US Dollar total 70X100=7000/- US Dollar and Farrukh Rasulov by placing a total of 50X100 = 5000/- US Dollar in his possession and fraudulently trying to change the Indian currency from today's rate of Rs. 83 with the plaintiff. And The complainant Kapil Kumar Mehra provided his complaint regarding the incident and a FIR was lodged on the same day. 3. That, during course of investigation conducted by SI Rohit Toetia another person namely Sunil Chawla s/o Ashok Chawla owner of Chawla Forex, N-08, Outer circle, Connaught Place, Delhi also came This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2025 at 14:53:09 forward and informed police that the same accused namely Mirodil Umarov and Farrukh Rasulov came to his shop on 16.04.2024 and exchanged 70 US Dollars of 100 US Dollar denomination and took 5 lakh 81 thousand rupees from him out of the 70 US Dollars 68 were found to be counterfeit. Sunil Chawla provided those 68 fake US Dollars to police which were seized and taken into police possession. 4. That During investigation notice U/s 41A Cr.P.C was served to the accused Mirodil Umarov S/o Mirsaid Ugli R/o Uzbekistan, Farrukh Rasulov S/o Zakirovich R/o Uzbekistan and were interrogated about the source of fake US Dollars and the source ul 4.5 Lakh Indian Rupees that were recovered from their possession. The accused were unable to provide satisfactory answers and did not co-operate during the interrogation. After that both the accused has been arrested on 18.04.2024 and their bags and mobile phones were taken into police possession and after all the formality bot the accused were produced before the MM Patiala Court for 2days PC remand 5. That During the investigation on dated 19/04/2024, accused Mirodil Umarov S/o Mirsaid Ugli R/o Uzbekistan, Farrukh Rasulov S/o Zakirovich R/o Uzbekistan for detection of case property and source of fake USA currency notes and corresponding disclosure of Natraj Hotel, Paharganj reached Delhi where the hotel staff identified both the accused Mirodil Umarov S/o Mirsai and Farrukh Rasulov S/o Zakirovich and told that both of them had stayed with another foreigner at Room No 210, 2nd floor from 15/04/2024. Then the third suspect Sarvar Mansurov also came and , seeing which both the accused Mirodil Umarov S/o Mirsaid and Farrukh Rasulov S/o Zakirovich identified and told that this is Sarvar Mansurov and we had given him Rs-1 lakh 25 thousand from the fake dollar exchanged with Indian currency. After this search was made at the Hotel of Room No. 210, and CCTV footage was checked, to find Rs 1 lakh 25 thousand but the cash could not be recovered nor any other property related to the case could be recovered 6. That During the investigation, the IO/SI Rohit interrogated Sarvar Mansurov about Rs 1 lakh 25 thousand cash with the help of Google Translator, who told that he was unable to talk to me due to language difference then the secretary from the Uzbekistani Embassy, Beknazar Askarov and in his presence Sarvar Mansurov was given a notice u/s 41A CrPC and the case was interrogated and an interrogation memo was prepared but no clue found and Statement U/s 161 Cr.P.C got recorded. Despite strenuous efforts the source of the fake US Dollars is yet to be traced. 7. That, A report has been furnished by Mr. Michael @ Mike Gee, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2025 at 14:53:09 Technical Special Agent, United States Secret Service, who has physically inspected the seized counterfeit currency and had also taken 4 USA Currency notes along with him on the permission of Hon'ble Court in order to get the notes verified from Forensic experts in Washington DC, USA. The report clearly establishes the fact that the notes were counterfeit. 8. That the notice U/s 91 Cr.P.C has been served to the Hotel and reply of the same is obtained and the mobile phone of both the accused ware sent to FSL Rohini. 9. That after completion of investigation Chargesheet has been submitted before the Hon'ble Court by SI Rohit and also Supplementary Chargesheet has been submitted in aspect of the verification report obtained from Michael @ Mike Gee, Technical Special Agent United States Secret Services USA. The accused have committed a grave offence by using as genuine forged, counterfeit currency of a nation.”

4. Learned counsel appearing on behalf of the applicants submits that the latter are in custody since 18.04.2024. It is submitted that the chargesheet in the present case has been filed and the matter is at the stage of consideration on the point of charge. It is further submitted that the applicants-Mirodil Umarov and Farrukh Rasulov had come to India on a Business Visa and the currency was handed over to them by one Mansurov Sarvar, who had come to India from Uzbekistan along with the present applicants. It is pointed out that the said person’s name has been put in column no. 12 of the chargesheet. It is submitted that no purpose shall be served for keeping the present applicants in judicial custody and that the trial is not likely to be completed soon. 5. Per contra, learned APP for State submits that the present applicants have been charged with counterfeiting foreign currency. It is further pointed out that the FSL report with regard to the extraction of data of mobile phones of the applicants is still pending. It is also stated that the official report from the United States Secret Service with regard to the counterfeit currency is also This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2025 at 14:53:09 awaited. 6. 7. Heard learned counsel for the parties and perused the records. The applicants are in judicial custody since 18.04.2024. The chargesheet in the present case stands filed and the matter is still at the stage of consideration on point of charge. It is noted that the two reports are yet to be received by the learned Trial Court. The prosecution has cited 20 witnesses. The applicants have been in custody since 18.04.2024 and no useful purpose shall be served by keeping the present applicants under further judicial custody. 8. In view thereof, the present application is allowed. The applicants are directed to be released on bail, on their furnishing a personal bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions: i. The applicants shall not leave India without prior permission of the learned Trial Court. ii. The applicants shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicants shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicants are directed to give his mobile number to the Investigating Officer and keep it operational at all times. v.The applicants shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner. The applications are allowed and disposed of accordingly.

9. 10. Pending application(s), if any, also stand disposed of. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2025 at 14:53:09

11. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case and any observations made are only for the purpose of the present bail application. 12. Copy of the order be sent to the concerned Jail Superintendent for necessary information and compliance. 13. Order be uploaded on the website of this court forthwith. APRIL 21, 2025/gs/sc AMIT SHARMA, J Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2025 at 14:53:09

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