Order on Board

03 /11/2022

1. The applicant has preferred this First bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.01/2021 registered at Police Station – State Cyber, Police Headquarter, Nawa Raipur, District Raipur (C.G.), for the ofence punishable under Section 420 read with section 34 of IPC and Section

66(D) of the Information and Technology Act.

2. Prosecution story, in brief, is that on 25.05.2021, complainant received Whatsapp message on his mobile phone from mobile of co-accused David Johnson, some interaction between them took place and, thereafter complainant agree to enter into the business of supply of raw material for manufacturing of medicines. Complainant deposited Rs.17,64,00/- with Rohit Enterprises but subsequently it revealed to the complainant that he has been cheated as Rohit enterprises is not dealing in the business as stated to him. Based on this, ofence has been registered and the applicant has been taken into custody on 21.07.2021.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that initially FIR was registered against four accused persons and after investigation, challan was fled in which present applicant and co-accused Jagdish Rajkumar were charge- sheeted. He also submits that main allegation is against Sonu Nagar, who is the proprietor of M/s Rohit Enterprises. He further submits that vide order dated 17.01.2022, co-accused Jagdish Rajkumar has been granted bail in MCRC No.8032/2021 by co-ordinate Bench of this, therefore, the present applicant may also be granted regular bail.

4. On the other hand, learned counsel for the State opposing the bail application submits that the present accused is a Nigerian citizen who is residing in India on fake VIZA.

5. Considering the totality of the facts and circumstances of the case, nature of ofence and further considering the fact that co-accused Jagdish Rajkumar in MCRC No.8032/2021 has been grated bail by co-ordinate Bench, without commenting on merits of the case, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed.

7. It is directed that in the event of applicant's executing a personal bond for a sum of Rs.1,00,000/- with one local surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions :-

i. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

ii. He shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

iv. He shall surrender his passport and VIZA before the Court below concerned and shall furnish his present and correct address with Indian mobile number.

v. He shall not leave the Country without the permission of the Court below.

vi. The learned trial Court is at liberty to impose any other condition, as it deem ft.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any ofence in the future.