Final Order 4

Order Details: COPY OF ORDER
Pdf Text: Bail application no.294/23
FIR no.37/22: PS Cyber
State Vs. Okorie Stephen
IN THE COURT OF SH. DEVENDER KUMAR JANGALA,
ASJ-05, NEW DELHI DISTRICT, PHC, NEW DELHI.
Bail Application no.294/23
FIR no.37/22
PS Cyber
Under Section: 420 IPC and 14 Foreigners Act
State Vs. Okorie Stephen
20.03.2023
Present: Sh.Mukul Kumar, Ld. Addl. PP for the State.
Sh. V. P. Singh and Sh. Summinder Paswan, Ld.counsel for
the applicant/accused Okorie Stephen.
ASI Agam Prashad is present on behalf of IO.
This is the second bail application under Section 439 Cr. PC
moved on behalf of applicant/accused Okorie Stephen.
Verification report in terms of previous order filed by ASI
Agam Prashad.
Arguments advanced by Ld.counsel for the applicant/accused
and Ld. Addl. PP for the state are heard. Record perused.
It is submitted by Ld.counsel for the applicant/accused that
the applicant/accused is alleged to have cheated the complainant to the
tune of Rs.1,09,338/- and he is ready to return the said amount. That the
investigation is already complete and charge sheet has already been filed
and the applicant/accused is not required for further custodial
interrogation. That the applicant was having valid passport and was
pursuing Diploma Course in Delhi. That the applicant/accused has
obtained valid passport no. A12642029 valid from 01.12.2022 to
30.11.2027 issued by Federal Republic of Nigeria. That the trial is going to
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Bail application no.294/23
FIR no.37/22: PS Cyber
State Vs. Okorie Stephen
take long time and no useful purpose is going to be served by keeping him
further in JC. It is prayed that the applicant/accused may kindly be
enlarged on bail.
On the other hand bail application is strongly opposed by
Ld.Addl. PP for the state. It is argued that the allegations against the
applicant/accused are grave and serious and he was residing
unauthorizedly in India. That if the applicant/accused is enlarged on bail,
there is every possibility that he may jump the bail and shall not be
available to face trial.
In the present case the applicant/accused is alleged to have
been cheated to the tune of Rs.1,09,383/- on the pretext of providing job of
Aircraft Technician in Malaysia Airlines. The cheaters also sent offer letter
to the complainant and instructed him to transfer Rs.1,09,383/- on the
pretext of registration/processing charges. Case was registered and
investigation was carried out. During the course of investigation on the
basis of technical evidence, the applicant/accused was arrested and mobile
phone used in the crime and some document i.e. interview documents,
questionnaire were also recovered from the possession of the
applicant/accused.
The applicant/accused is in JC since 04.07.2022. The
applicant/accused without prejudice to his rights and contentions, ready
and willing to deposit the alleged cheating amount.
Ld. Roster Judge vide order dated 13.03.2023 has directed the
IO to file specific report on the nationality of the applicant/accused and
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Bail application no.294/23
FIR no.37/22: PS Cyber
State Vs. Okorie Stephen
also issued notice to the complainant.
Complainant is absent despite service.
It is reported by the investigating officer that the applicant is
Nigerian National and passport no. A01000638 has been issued by Federal
Republic of Nigeria.
Investigation qua the applicant/accused is already complete
and he is not required for custodial interrogation. Trial is going to take long
time and no useful purpose is going to be served by keeping the
applicant/accused further in JC. Considering the facts and circumstances of
the case that the investigation qua the applicant/accused is already
complete, the applicant/accused without prejudice to his rights and
contention ready to deposit the cheated amount, I am of the considered
opinion that no useful purpose is going to be served by keeping the
applicant/accused further in JC. The applicant/accused Okorie Stephen
is admitted to bail on furnishing bail bond in the sum of Rs.30,000/-
with one surety in the like amount to the satisfaction of Ld.
CMM/Ld.MM/Ld.Duty MM/Link MM concerned and subject to the
following conditions:
(a) The applicant/accused shall furnish demand draft in
the sum of Rs.1,10,000/- in the name of Ld. Trial Court alongwith the
bail bonds and bailbonds shall not be accepted without verification of
address of surety. The Ld. Trial Court may release the said demand
draft to the complainant/victim, as per law.
(b) The applicant/accused shall furnish to the
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Bail application no.294/23
FIR no.37/22: PS Cyber
State Vs. Okorie Stephen
Investigating Officer/ S.H.O., a cell phone number on which the
applicant may be contacted at any time and shall ensure that the
number is kept active and switched-on at all times;
(c) The applicant/accused shall not tamper with evidence
nor otherwise indulge in any act or omission that is unlawful or that
would prejudice the proceedings in the pending matter;
(d) The applicant/accused shall not leave the country
without prior permission of the concerned court and shall deposit his
passport with the concerned court.
With these observations the bail application moved on behalf
of applicant/accused Okorie Stephen is disposed off.
Copy of this order be given dasti to Ld. Counsel for
applicant/accused and in compliance of Sanjay Singh Vs. State (Govt. of
NCT of Delhi), Writ Petition Criminal no. 974/22, copy of this order be
also sent to the concerned Jail Superintendent to convey the order to the
inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
PHC, New Delhi/20.03.2023
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