Bail conditions must ensure the accused's availability for trial and cannot be impossible to fulfill; waiving surety requirements is permissible but should be carefully considered, especially for foreign nationals.

JUDGMENT

ANUP JAIRAM BHAMBHANI J.

CRL.M.A. 12790/2024 in BAIL APPLN. 4056/2023

CRL.M.A. 18124/2024 in BAIL APPLN. 632/2022

By way of the present applications filed under sections 441 and 445 read with section 482 of the Code of Criminal Procedure 1973 („ Cr.P.C .‟) and Article 226 of the Constitution of India , the petitioners/applicants seek modification of the conditions imposed upon them for grant of regular bail. The petitioners have not availed the bail so granted till date; and it is their contention that they have been unable to do so, since they are not in a position to fulfil the conditions imposed by the court in their respective bail orders, for the reasons explained in the applications. The petitioners are both Nigerian nationals and it is the contention of the State that both petitioners had entered India on visas, which have run-out a long time ago and that the petitioners have overstayed the term of their visas and are therefore presently illegal residents in India.

2. By way of the present applications, the petitioners have sought modification of the conditions of bail on two counts : firstly, the petitioners have sought reduction in the amount of personal bond that they were required to furnish; and secondly, the petitioners have sought to be released only on deposit of cash with the court in lieu of furnishing a surety bond, as was directed by the court in their respective bail orders.

PETITIONER - OBI OGOCHUKWA STEPHEN

3. Briefly, the petitioner in BAIL APPLN. No. 4056/2023 – Obi Ogochukwa Stephen – was granted bail vide order dated 20.03.2024; and while admitting the petitioner to regular bail the Predecessor Bench of this court had directed him inter-alia to furnish a personal bond in the sum of Rs. 1,00,000/- with 02 sureties in the like amount to the satisfaction of the learned Trial Court. By way of CRL. M.A. No. 12790/2024 filed in the said bail petition, petitioner Stephen has sought modification of the bail conditions imposed on two counts : firstly, the petitioner prays that the amount of personal bond and surety bond stipulated in order dated 20.03.2024 be reduced from Rs. 1,00,000/- to Rs. 40,000/-; and secondly, he seeks that he be released on depositing Rs. 40,000/- cash in court without anyone furnishing a surety bond on his behalf.

4. In Status Report dated 12.08.2024 filed by the Foreigners Regional Registration Office („FRRO‟), they have said that petitioner Stephen had entered India on 31.08.2011 on a Nigerian passport, which passport was valid upto 24.05.2016 holding an Indian medical visa which was valid upto 05.10.2011; and has over-stayed in India for the last about 13 years. The FRRO have further stated that though the investigating agency, namely the Delhi Police, ought to have also invoked section 14 of the Foreigners Act 1946 („Foreigners Act‟), against the petitioner since he has clearly breached the conditions of his Indian visa, for some reason the FIR does not mention that offence.

5. The FRRO has also stated that petitioner Stephen has submitted incorrect or forged visa and passport details to hotel owners for continuing his stay in various parts of India, which is reflected in the C-Form filed by hotel owners on the portal of the Bureau of Immigration. The FRRO say that on analysing the C-Form, they had opened a Look-Out Circular against the petitioner, since he was in any case liable to be intercepted and interrogated for having forged travel documents. The FRRO contends that the petitioner has also submitted a forged passport to the Investigating Officer, falsely showing that the validity of his earlier Nigerian passport stood extended upto 24.05.2023, which is not the case.

PETITIONER - OSCAR ENYI

6. Similarly, the petitioner in BAIL APPLN. No. 623/2022 – Oscar Enyi – was granted bail vide order dated 26.09.2023; and while admitting him to regular bail the Predecessor Bench had directed him inter-alia to furnish a personal bond in the sum of Rs. 1,00,000/- with 02 sureties in the lik