Luis Walter Chukwuebuka S/o Luis Chukwuebuka Aged About 35 Years Present Address - 179-A v. Non
Case Details
1 2025:CGHC:13351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1943 of 2025 Luis Walter Chukwuebuka S/o Luis Chukwuebuka Aged About 35 Years Present Address - 179-A, Maidangadhi, Near Pipe Godown, Ps.- Maidangadhi New Delhi. ... Applicant State Of Chhattisgarh Through-The PS- Vidhansabha, Raipur (C.G.) versus ... Non-Applicant For Applicant : Mr. N. Naha Roy, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. PREETI KUMARI Digitally signed by PREETI KUMARI Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1
Legal Reasoning
The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.157/2023, registered at Police Station – Vidhansabha, Raipur (C.G.) for the offence punishable under Sections 420/34, 120-B of the Indian Penal Code, 1860, 14-B of the Foreigners Act, 1946, 66-C and 66-D of the Information Technology Act, 2000. 2 The case of the prosecution, in brief, is that on 22.05.2023 the 2 complainant Tarun Kumar Dewangan lodged a report at the Police Station alleging being defrauded by unknown person in the name of the making quick money by selling fludrobin oil which is used in hospitals. 3
Legal Reasoning
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that there was no reference of the applicant in the FIR, nor there any description of his role in the alleged crime and as such in view of the facts of his long detention his application deserved to have been considered with a lenient approach. He further submitted that applicant is a young man and his entire life in front of him and he is languishing in jail since 28.06.2023. The charge-sheet has been filed in this case and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. It is further submitted that the complainant Tarun Kumar Dewangan lodged a written complaint against the accused person, thereafter, statement under Section 161 of Cr.P.C was recorded in which he categorically stated about the involvement of present applicant as a main accused in the crime, further a notice was served to the applicant to provide his passport and visa for his stay in India, on which the accused wrote that his visa had expired, during the investigation, correspondence was made with the Additional Deputy Director Central Foreigner Bureau regarding the information of the passport and visa of the accused/applicant, thereafter, information was received from the Intellignece Bureau, Home Department, Government of India that from 01.01.2007 to 03.08.2023, there is no record of any person entering India legally at any time in passport 3 number A10681205 which belongs to the accused/applicant and other co-accused are still absconding. Therefore, the present applicant is not entitled for grant of bail. 5 In compliance of the Courts’ order dated 12.03.2025, the Senior Superintendent of Police, Raipur, has filed his additional afÏdavit disclosing the evidence collected against the applicant during the course of investigation. The relevant portion of the afÏdavit reads as under:- (i) in compliance of the order dated 12/03/2025, the deponent hereby submits that a written complaint was lodged by the complainant Tarun Kumar Devangan in the police station Vidhan Sabha to the effect that in the month of October, 2022, an unknown whatsapp call was received by mobile No. 447476878202, 16592105837, 447895682998 of Natasha Smith about the scheme of earning money through a product. The unknown mobile numbers i.e. 447476878202, 16592105837, 447895682998 and mobile numbers 8794027380, 6913419485 which was appearing in the name of Tarun Agro in the two caller and whose address is Tarun Agro 565, Sector 37, Pace City 2, GGN 122007 Khandsa Gurugram Haryana. The conversation made between Natasha Smith and whatsapp caller, he told to buy one liter of Fludarabine oil which he asked to bring to Delhi and it was directed to handover it to Dr. Walter. The said product came to his address through courier and after returning from Delhi to Raipur, a message was received from the applicant Dr. Walter that his product was correct and hence he asked for 50 more liters of product. When the applicant asked for the money, he was told that the dollar will be converted and given. Then the applicant was told that the money will be given in the form of dollars by giving the false promise of more profit and that only a sample has been purchased. The applicant was called from different numbers and offered to buy 50 liters of Fludarabine oil. Then the complainant deposited 4 about Rs. 20,10,000/- in different accounts against which some quantity of oil was sent to the applicant. (ii)upon the aforesaid complaint made by the complainant the deponent directed the concerned Station House OfÏcer to properly investigate the matter. In respect of the same the concerned Investigating OfÏcer, investigated the matter and during investigation, the memorandum statement of the accused / applicant was recorded and on the basis of memorandum statement, (i) Samsung J-4 359429092797909, 359430092797907 (ii) Itel 350803284729608, 350803284729616, (iii) Winstar 867149032924521, 867149032924539, (iv) Adcom. 911311202781497, 911311202781489, Oppo A-3 1867498047880636, 867498047880626, (vi) Techno Spark B-12 359680161182189, 359680161182197, (vii) Samsung J-2 353630098639120, 353631098639128, (viii) Adcom 9113111537644781, 911311153764799, (vix) Hiro punch 359640439158486, 359640439158494, (x) Techno Spark K.Ε.-5352659326213565, 352659326213573 Samsung J-7 358972080066547, (xii) (xi) 358972080066549, Nokia-C-201 355940045511589 and SIM 8876242680, 8794321821, 8259851625, 8794798075, 6909599472, 44781822295, 9077814382, 9667857636, 9233551774, 9871734089 and Rs. (v) 6,500/- was seized in the presence of witnesses. Thereafter, as per Section 91 Cr.P.C. a notice was served to the applicant to provide his passport and visa for his stay in India, on which the accused wrote that his visa had expired. During the investigation, correspondence was made with the Additional Deputy Director Central Foreigner Bureau regarding the information of the passport and visa of the accused/applicant. Thereafter, information was received from the Intelligence Bureau, Home Department, Government of India that from 01.01.2007 to 03.08.2023, there is no record of any person entering India legally at any time in passport number A10681205 which belongs to the accused / applicant. 5 (iii) It is pertinent to mention here that the complainant Tarun Kumar Dewangan lodged a written complaint against the accused persons thereafter statement U/s 161 of Cr.P.C. was recorded in which he categorically stated about the involvement of present applicant as a main accused in the crime. (iv) The deponent respectfully submits that the applicant/accused has been arrested on 28/06/2023 for illegally entering the Republic of India and committing a criminal act and produced before the learned Saket Court Delhi and after receiving transit remand on 30/06/2023 the accused / applicant was produced before the learned competent Court of Raipur and took him in judicial remand. In the present case, other co- accused Sonu namely persons Sharma, Chandram, Yusuf Khan, Fazal Khan Fazal Faruqui, Pankaj, Deepak Kumar, Shivam Kumar, Sanjay Mirgha, Ravindra Pal, Yashpal Mourya, Shahida Begam, Mohd. Shahil, Vijay Sharma R/o.- Dilhi and Lavmkimi, Jalan Kanyaring, Madhuri Ring, Ravindra Khatang, Kokhambiram are still absconding and after completing the necessary investigation, charge- sheet U/s 173(8) Cr.P.C. was filed for offence punishable U/s 420/34, 120B of IPC, Section 14-B of Foreigners Act and Section 66-C, 66-D of Information Technology Act. (v) the deponent has further submitted that in relation to other co-accused persons, matter is under investigation and required for collecting further material against them. 6 I have heard learned counsel for the parties and perused the documents available on record. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in compliance of the Courts’ order dated 12.03.2025, the Senior Superintendent of Police, Raipur, has filed his additional afÏdavit 6 disclosing the evidence collected against the applicant which has been mentioned above, from perusal of the case diary, it transpires that statement of the complainant recorded under Section 161 of Cr.P.C in which he categorically stated about the involvement of present applicant as a main accused in the crime, and further the other co-accused persons are still absconding in this case, further a notice was served to the applicant to provide his passport and visa for his stay in India, on which the accused wrote that his visa had expired, during the investigation, correspondence was made with the Additional Deputy Director Central Foreigner Bureau regarding the information of the passport and visa of the accused/applicant, thereafter, information was received from the Intellignece Bureau, Home Department, Government of India that from 01.01.2007 to 03.08.2023, there is no record of any person entering India legally at any time in passport number A10681205 which belongs to the accused/applicant, also considering the fact that as the applicant is a foreign national, the charge-sheet has already been submitted against the applicant and if he is released on bail, the trial would be hurdled, further the applicant’s visa has also expired and he cannot be allowed to stay in India, I am not inclined to allow this application. 8 Accordingly, the bail application of the applicant - Luis Walter Chukwuebuka involved in Crime No.157/2023, registered at Police Station – Vidhansabha, Raipur (C.G.) for the offence punishable under Sections 420/34, 120-B of the Indian Penal Code, 1860, 14-B of the Foreigners Act, 1946, 66-C and 66-D of the Information Technology Act, 2000 , is rejected at this stage. 9 However, the trial Court is directed to conclude the trial within a 7 period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti