IBITOROKO MELVILE DAVIS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(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 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.