Advocates:
['SUNIL SINGH', '', 'INDRAJIT SINHA', 'SURAJ SINGH', 'SUJIT KUMAR SINGH', 'SHAILENDRA KUMAR TIWARI', '', 'RAJIV SINHA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 7445 of 2020

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Dr. Alex David @ M.U. Henry.

. ….Petitioner

Versus

1. The State of Jharkhand.

2. Union of India through Secretary, Ministry of

External Affairs.

...Opposite Parties

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Coram:

HON'BLE MR JUSTICE RONGON MUKHOPADHYAY

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For the Petitioner

: Mr. Sunil Singh, Advocate

For the State

: Mr. Shailendra Kumar Tiwari, Special P.P.

For the Union of India

: Mr. Prashant Pallav, A.S.G.I.

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14/13/5/2022

Heard the parties.

The petitioner is an accused in connection with Cyber P.S. Case No. 39 of

2019.

It has been alleged that one Miss. Pamela claiming to be the purchase

manager of a recognized medicine factory of U.K. was in contact with the

informant through mobile calls and whatsapp. messages. It has further been

alleged that he had asked the informant to supply 300 liters of herbal oil, which

may be supplied by one Sunita Josh. The informant got two liters of the material

as sample by paying Rs.3,44,000/- through cheque in the bank account of Sunita

Josh. Further allegation has been levelled that the informant had deposited

Rs.30,00,000/-in two different bank accounts of Sunita Josh as a security deposit

and he was again asked to deposit an amount of Rs.50,00,000/-for supply of 150

liters of herbal material. Since a suspicion was raised, the informant had

instituted a First Information Report.

It has been submitted by Mr. Singh, learned counsel for the petitioner, that

the petitioner has been implicated merely because he is an employee of Sunita

Josh. It has further been submitted that no incriminating articles were recovered

from the possession of the petitioner. Learned counsel submits that another

case was instituted against the petitioner in N.M. Joshi Marg P.S. Case No. 305

of 2018, in which he has been granted bail by the learned Metropolitan

Magistrate, 13^th Court, Dadar, Mumbai. It has also been submitted that the

petitioner is in custody since 6.1.2020.

Mr. Tiwari, learned Special P.P., on the other hand, has submitted that in

course of investigation, the involvement of the petitioner was detected. Learned

counsel submits that the petitioner is a Nigerian citizen and in connection with

N.M. Joshi Marg P.S. Case No. 305 of 2018, his passport was seized.

Learned A.S.G.I. has also opposed the prayer for bail of the petitioner.

-2-

Though some doubt has been created about the difference in passport

numbers of the petitioner but it has been stated in the supplementary affidavit

filed on behalf of the petitioner that the booklet bearing Passport Number

A01944180 was submitted in the Court at Mumbai in connection with N.M. Joshi

Marg P.S. Case No. 305 of 2018, which stood expired and the said passport was

subsequently renewed by the High Commission, New Delhi.

It appears that the petitioner has been implicated for entering into a

conspiracy and duping the informant of a huge amount of money.

Though it has been stated that several Mobiles with SIM Cards were

recovered from the possession of the petitioner, which, according to the

prosecution, was obtained by using forged papers and was instrumental in

commission of cyber crime but considering the fact that the petitioner is in

custody since 6.1.2020, he, named above, is directed to be released on bail, on

furnishing bail bond of Rs.10,000/- (Ten thousand only), with two sureties of the

like amount each to the satisfaction of learned District & Additional Sessions

Judge-II, cum Special Judge, Cyber Case, Giridih in connection with Cyber P.S.

Case No. 39 of 2019.

(Rongon Mukhopadhyay, J)

Rakesh/-