Madhya Pradesh High Court
Frank vs The State Of Madhya Pradesh on 28 November, 2019
Author: Vivek Rusia
Bench: Vivek Rusia
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 49265/2019
Frank S./o. Okunday Kehinde V/s. State of M.P.
-: 1 :-
Indore, dated : 28.11.2019
Applicant by Shri Amit Tripathi, Advocate.
Respondent/State by Shri Pawan Sharma, Govt. Advocate.
ORDER
This is first application under Section 439 Cr.P.C. by applicant - Frank S/o. Okunday Kehinde, who has been arrested by Police on 2.7.2019 in Crime No.300/2019, Police Station Annapurna, District Indore concerning offence under Section 489A, 489C, 420, 34, 465, 468 and 471 of the IPC.
2. Heard the learned counsel for the parties and perused the case diary.
3. As per prosecution story, the complainant - Subhash Lumba is engaged in the business of tent-house and according to him, he developed friendship with Maria Riccy, a citizen of Sweden. She proposed to send 1,00,000 dollars to the complainant through a foreign agent and gave the mobile number of the present applicant. 3-4 days back, the applicant came to Indore from Delhi. The complainant along with his son - Neeraj Lumba received him at Indore Railway Station and brought him in the house. In the briefcase, he was carrying American dollars and told the complainant that the dollars are required to be washed by chemical. He started washing of two dollars by chemical and demanded Rs.25,000/- from him. The complainant understood that it is a gang operating counterfeit currency. He immediately left him in the house and went to the Police Station with his son. The police came with him and recovered 100 US dollars from his possession and arrested him. The police also recovered the mobile phone, bottle containing THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 49265/2019 Frank S./o. Okunday Kehinde V/s. State of M.P. -: 2 :- chemical, cotton, Rs.2,000/- Indian currency, railway ticket, passport, etc. The police sent the currency to the State Bank of India for verification. The applicant was found to be a citizen of Nigeria. A passport of South Africa was also recovered from his possession. On a disclosure by him, two Nigerian passports were seized from his house at Delhi. Other two co-accused - Dickson and Maria were searched, but they have not been arrested so far. The two Nigerian passports recovered from the possession of the applicant were sent to the South African High Commission and the Nigeria High Commission and as per the reports, out of the aforesaid passports, one is valid and the another is forged. In the statement the complainant disclosed that while on chatting with Maria, he deposited Rs.2,30,000/- in her Account. As per the report of Intelligence Bureau, Ministry of Home Affairs, New Delhi, the present applicant came to India on 10.11.2009 and the visa was valid up to 27.2.2010. In India, the applicant is without any valid visa since last 9 years. After completing the investigation, challan has been filed against the applicant on 4.10.2019.
4. Learned counsel for the applicant submits that the applicant came to India for treatment purposes. The recovery of currency has been shown at 15.45 on 2.7.2019, whereas he was arrested at 18.10. The entire papers have been prepared in Hindi vernacular which is unknown to him. The meeting of the complainant with the present applicant in Indore Railway Station is also doubtful because of the timing given by him in the FIR. The applicant is residing in Delhi along with his wife in a rented house.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 49265/2019 Frank S./o. Okunday Kehinde V/s. State of M.P. -: 3 :- The investigation has been completed and challan has been filed, hence, he is entitled for grant of bail.
5. On the other hand, learned Govt. Advocate oppose the prayer for grant of bail by submitting that the applicant is carrying passport of South Africa which has been confirmed by the South Africa High Commission vide letter dated 26.9.2019 to be forged one. Fake currency of One Lac US dollars has been recovered from his possession. The High Commission of Nigeria has also confirmed that the passport No.A00333719 issued in Ikoyi Lagos is forged passport. The Intelligence Bureau has checked his date of arrival in India against the passport carrying by applicant and no such record is available. He arrived in India on 10.11.2009 against visa No.Z413201 which was valid up to 27.2.2010 and if he is released on bail, he will ran away from the country, therefore, he is entitled to be released on bail.
6. I have heard the learned counsel for the parties at length and perused the material available in the case-diary. From the material available in the case-diary, in my considered opinion, it is not a fit case for grant of bail. Accordingly, this M.Cr.C. stands dismissed.
( VIVEK RUSIA ) JUDGE Alok/-
Digitally signed by Alok GargavDate: 2019.11.30 14:51:28 +05'30'