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Frank Boadu vs State Of Govt Of Nct Of Delhi on 2 November, 2022

Author: Jasmeet Singh

Bench: Jasmeet Singh

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     BAIL APPLN. 1897/2022
      FRANK BOADU                                     ..... Petitioner
                         Through:     Mr Anoop Gupta, Adv.

                         versus

      STATE OF GOVT OF NCT OF DELHI          ..... Respondent
                   Through: Mr Aashneet Singh, APP for State

      CORAM:
      HON'BLE MR. JUSTICE JASMEET SINGH
                   ORDER

% 02.11.2022 This is an application seeking regular bail in FIR No. 26/2022 dated 15.03.2022, under Sections 419/420/120-B IPC, registered at Police Station- Cyber Police Station, South East.

It is stated in the FIR that the complainant was an astrologer and a vastu consultant. She received messages on her mobile for depositing of amounts as customs duty in order to receive goods in the nature of laptops and gold jewellery. For receiving the said goods, the complainant deposited various amounts over varying period of time to the tune of about Rs. 8,85,000/- in bank accounts of persons. However, she neither received those goods nor refund of the moneys sent by her.

It is stated by Mr Gupta, learned counsel appearing for the applicant that there is no money received by the applicant. The numbers from which those messages were sent does not belong to the applicant and there is no account which belongs to the applicant.

Mr Singh, learned APP has filed a status report wherein it has categorically been stated that the International Mobile Equipment Identity Number (hereinafter referred to as 'IMEI No.') from which the messages were sent belongs to the applicant. The said mobile with IMEI No. 358271928619472 was recovered from the possession of the applicant which was used to call and send messages to the complainant.

The applicant has been in custody since 15.03.2022. Mr Singh, learned APP states that the visa of the applicant has expired.

In the present case, the applicant has been in custody since 15.03.2022, the charge-sheet has already been filed and the custodial interrogation of the applicant is not required. Both the mobile instruments have been seized from the applicant and have been sent to Forensic Laboratory for analysis. In this view of the matter, the application is allowed subject to the applicant depositing Rs. 3 lakhs with the concerned trial Court within three weeks from today.

The applicant is directed to be released on bail in FIR No. 26/2022 dated 15.03.2022, under Sections 419/420/120-B IPC, registered at Police Station-Cyber Police Station, South East subject to the following conditions:

(a) The applicant shall furnish a personal bond in the sum of Rs. 20,000/-

(Rupees Twenty Thousand Only) each with 01 surety in the like amount, to the satisfaction of the trial Court;

(b) The applicant shall deposit Rs. 3 lakhs with the concerned trial Court within three weeks from today;

(c) The applicant shall be lodged in Observation Home till his visa is regularized by the FRRO. The FRRO is directed to process the visa application of the applicant expeditiously in accordance with law;

(d) The applicant shall not leave the country and if the applicant has a passport, he shall surrender the same to the trial Court;

(e) The applicant shall furnish to the IO/SHO concerned his cellphone number on which the applicant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

(f) The applicant shall drop a Google pin location from his mobile phone to the IO concerned so as to show his whereabouts everyday;

(g) The applicant shall not indulge in any act or omission that is unlawful, illegal or that would prejudice the proceedings in pending cases, if any;

(h) The applicant or his family members/relatives/friends will not contact or try to intimidate the complainant or his family or tamper with any of the witnesses in anyway.

The application is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 2, 2022 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:04.11.2022 18:19:04