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2024 Supreme(Online)(DEL) 31604

HIGH COURT OF DELHI
MR. JUSTICE ANUP JAIRAM BHAMBHANI, J
OBI OGOCHUKWA STEPHEN – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates:
Ms. Rebecca John, Senior Advocate (Amicus Curiae), Mr. Chinmay Kanojia, Mr. Pravir Singh, Ms. Anushka Baruah, Ms. Ajunee Singh, Mr. Nilanjan Dey, Mr. Lakshay Yadav, Ms. Kirti Chauhan, Mr. Deepanshu Goswami, Mr. Rohit Sehrawat, Mr. Akshay, Mr. Amol Sinha, Mr. Kshitiz Garg, Mr. Amit Tiwari, Mr. Priyanshu, Mr. Chetanya Puri, Mr. Manoj Pant, Mr. Sachin Rawat, Mr. Mohit Kumar, Mr. Utkarsh Singh, Mr. Shivam Kumar Singh, Mr. Vaibhav

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 the

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