Case Note & Summary
The petitioner, Aluka Sandra Orewa @ Benny, a Nigerian national, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No.49/2020 registered by the CEN Crime Police Station, Ramanagar District, for offences under Sections 66(C) and 66(D) of the Information Technology Act, 2000 (IT Act) and Section 420 of the Indian Penal Code, 1860 (IPC). The FIR was lodged on 25.2.2020 by a woman named Pavithra D, who reported that between 21.58 and 22.05 hours on 24.2.2020, she received messages about nine withdrawals of Rs.10,000 each, totaling Rs.90,000, from her bank account via an ATM. Upon investigation, the police filed a charge sheet only under Sections 66(C) and 66(D) of the IT Act, dropping Section 420 IPC. The Sessions Court rejected the petitioner's bail application primarily on the ground that the petitioner was a foreign national and might abscond. The petitioner then approached the High Court. The High Court observed that the petitioner was not named in the FIR, had no criminal antecedents, and the offences were triable by a Magistrate. The court held that the mere fact that the petitioner is a foreign national is not a ground to deny bail, especially when custodial interrogation is not required. The court granted bail subject to conditions including executing a personal bond of Rs.2,00,000 with two sureties, surrendering the passport, reporting to the police station once a week, and not tampering with evidence or leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Petitioner not named in FIR, no criminal antecedents, and offences triable by Magistrate - Held that bail can be granted subject to conditions, including surrendering passport and reporting to police (Paras 1-5). B) Information Technology Act - Cheating and Identity Theft - Sections 66(C) and 66(D) - Prima Facie Case - Petitioner allegedly involved in ATM fraud but not named in FIR and no direct evidence of involvement - Held that custodial interrogation not required and bail granted (Paras 2-5).
Issue of Consideration
Whether the petitioner, a foreign national, should be granted bail under Section 439 CrPC for offences under Sections 66(C) and 66(D) of the Information Technology Act, 2000, when the petitioner was not named in the FIR and has no criminal antecedents.
Final Decision
The petition is allowed. The petitioner shall be enlarged on bail on executing a personal bond of Rs.2,00,000 with two sureties. The petitioner shall surrender the passport, report to the police station once a week, not tamper with evidence, and not leave the jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Custodial interrogation not required
- No criminal antecedents
- Foreign national not a ground to deny bail
