Ibitoroko Melvile Davis v. The State (NCT of Delhi)

1. The present application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 for the grant of regular bail in FIR No.12/2014, Police Station Special Cell, Delhi, under Sections 420, 467, 468, 471, 474, 475, 476, 120-B of the Indian Penal Code read with Section 14 of the Foreigners Act and Section 12 of the Passport Act.

2. The facts, in brief, are that the FIR of the present case was registered on the basis of the information that two Nigerians namely, Kelvin @ Eboy and Ibitoroko Melville are running a big racket of fake Indian Visas and fake passports of various African countries and selling them to the residents of different African Nationals living 2015:DHC:8892 illegally in India to facilitate their over stay after expiry of their Indian Visas. An information was received on 19.03.2014 that Ibitoroko Melville would exchange fake passports and visas with Kelvin @ Eboy. A raid was conducted and accused Ibitoroko Melville was apprehended by the police alongwith a passport in his right hand and co-accused Kelvin @ Eboy who was also carrying a passport in his right hand and a black bag on his shoulder. On cursory search two more passports were recovered from them. On cursory search of the black bag, six more passports and one Visa were recovered. On checking, the passports belonged to various African countries. Also, the Indian Visas affixed on recovered passports were found to be fake. During investigation, another accused Martinss Cletus was arrested. After completion of investigation, charge sheet was filed in the Court.

3. Arguments advanced by the learned counsel for the petitioner and the learned APP for the State were heard.

4. The arguments advanced by the learned counsel for the petitioner/accused are that the petitioner has been falsely implicated in the said offence; the alleged recoveries from the petitioner are totally planted; there is no single independent witness to effect of arrest of the petitioner; there is no record showing the connectivity of the petitioner with the co-accused persons; the charge sheet has been filed after completion of investigation and FSL report has also been placed on record; one of the co-accused Martins Cletus has already been granted bail vide order dated 04.08.2014. In support of these contentions, the counsel has placed reliance on the judgment of Sanjay Chandra v. C.B.I., Crl. Appeal No. 2178/2013 in which the Hon’ble Apex Court has observed that when the under trial prisoners are detained in jail custody to an indefinite period, Article 21 of the Constitution of India is violated.

5. The learned Additional Public Prosecutor for the State has opposed the bail application on the ground that there are various witnesses including the police personnel who could prove the alleged involvement of the accused/petitioner in the said offence. The public witness namely, Ankit Dev, is a material witness in proving the recovery of passport having fake Indian Visas, pen drive, fake immigration stamps from the accused persons. Another public witness namely, Suresh Kimar Sethi, could prove the tenancy of accused from where CPU, computer and one African national passport were recovered. Further, the Section officer, MEA is a witness regarding the Indian Visa found on recovered African national passport from both Ibitoroko and co-accused Kevin. Thus, the learned APP strongly opposes the bail application of the petitioner on the ground that there are various implicating evidences furnished by various witnesses against the petitioner/accused.

6. The record reveals that the FIR of the present case was registered on the basis of the information regarding fake visas and passports being delivered and made by the petitioner and co-accused persons. The allegations against the petitioner/accused are that he along with another co-accused was running a big racket of fake Indian Visas and fake passports of various African countries and selling them to the residents of different African Nationals living illegally in India. It is submitted that during interrogation accused/petitioner disclosed that he made fake Indian Visa and passports of African nationals for those African nationals whose Indian Visa for stay in India get expired. He further disclosed that accused/petitioner delivered fake residential permit to Martins Cletus Okechukwu as his period of stay in India got expired. Infact, at the instance of the petitioner/accused, co-accused Martins Cletus was arrested on 21.03.2014 who corroborated the statement of accused/petitioner. Various documents and other evidences were recovered from the custody of the accused/petitioner such as fake passports, one passport with fake Indian visa, one CPU and computer which contains soft copies of Indian visa and passports, Indian visa affixed fake passport of accused/petitioner etc.

7. In the facts and circumstances and looking at the nature of allegations, gravity of the offence and recovery effected from the accused, this Court is of the considered opinion that no ground is made out to enlarge the petitioner/accused on bail.

8. The application is accordingly dismissed. However, it is made clear that the observations made above shall not affect the merits of the case. P.S.TEJI, J OCTOBER 20, 2015 dd