Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail application No. 690/22
FIR No. 55/22
State v . Nagam Vamshi Krishna
PS Chanakyapuri
U/s 420/468/471 IPC
25.04.2022
Present : Sh. Dharam Chand, Ld. Addl. PP for the State alongwith
IO/SI Kuldeep.
Sh. Rajeev Kumar Malik, Ld. Counsel for applicant/accused.
This is an application for grant of bail u/s 439 Cr.P.C. moved on
behalf of applicant/accused Nagam Vamshi Krishna.
The brief facts of the case as per FIR are, that the
applicant/accused had applied for a non immigrant student visa at US Embassy
and submitted forged documents.
It is submitted in the application that the investigation of the
present case is complete and nothing new has come on record. It is further
submitted that all the documents pertaining to the applicant/accused are
already in custody of the police. The residential address of the accused has
been verified and there is no chance of running away from law. It is further
submitted that the applicant/accused has done BTech in computer science
from reputed IIT and his future is at stake. It is further submitted that the
accused is ready to produce a sound surety.
Reply to the bail application has been filed wherein it is
submitted that the applicant/accused had applied for a non immigrant student
visa at the US Embassy in New Delhi. In the visa application he claimed to be
(Parveen Singh)
ASJ03/NDD/PHC/ND/25.04.2022
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an IT Developer. He also submitted an employment certificate, letter of
appraisal, offer letter and pay stubs on the letterhead stationery of Enverties
Technologies to substantiate this claim. He also submitted a loan sanction
letter intimation letter, bank account statement and a balance confirmation
certificate. During interview with US Embassy on 04.04.2022, he admitted that
he did not work as an IT Developer and in fact he has not been employed since
2019. The letters are fraudulent and the same were provided by agent Thigulla
Uday Goud. He also stated that the amount of Rs.28,05,023.30 in his account
was deposited by the agent. He also admitted that he has paid a sum of
Rs.90,000/ to the agent as visa processing fees for providing fraudulent
documents. During the course of investigation, accused was arrested and
interrogated. During his custody, he was taken to Hyderabad and efforts were
made to trace the other accused persons but they could not be arrested despite
sincere efforts. Statement of shop owner of Kumar Store was recorded wherein
he stated that accused used to get print out of documents from his shop. It is
further submitted that efforts were also made to trace the company Enverties
Technologies and it was found that the address mentioned in the work
experience certificate is incomplete. It is further submitted that as per the
report of PS Armoor, Distt. Nizamabad, Telangana, accused has not been
involved in any criminal case previously.
It is contended by Ld. Counsel for the accused that accused was
only a passenger and no recovery has to be effected from him and the entire
evidence is in documentary form which is already in possession of
investigating agency.
(Parveen Singh)
ASJ03/NDD/PHC/ND/25.04.2022
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Per contra, ld. Addl. PP has contended that the accused had
applied for visa on fake documents and no ground is made out for grant of bail.
He has further contended that as the accused is not a resident of Delhi there is
apprehension that if released on bail, he may abscond. He has further
contended that if released on bail, the accused can tamper with the evidence.
With regard to the contention that the accused can tamper with
the evidence, on being asked what kind of evidence is there which can be
tampered with because the documents have already been collected, Ld. APP
has submitted that this is the routine objection that has been taken.
With regard to the contention that if released on bail, the accused
may abscond, I find that this apprehension can be taken care of by a sound
surety.
Considering the overall facts and circumstances, the period of
incarceration and the fact that no grounds for keeping the accused in custody
have been shown, the application at hand is allowed. Applicant is admitted to
bail on his furnishing a personal bond in the sum of Rs.25,000/ with one
surety of like amount, to the satisfaction of Ld. MM/Link MM/Duty MM
concerned. Bail is granted subject to the condition that the applicant shall not
leave India without prior permission of the court and shall not tamper with
evidence or influence the witnesses. Copy of order be sent to the applicant
through concerned jail superintendent.
(Parveen Singh)
ASJ03/NDD/PHC/ND/25.04.2022
(Parveen Singh)
ASJ03/NDD/PHC/ND/25.04.2022
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