Edwin Ngoesine Anidesh vs Unknown
2022 Latest Caselaw 217 Cal

28.01.2022 Sl. No. 04.

Mithun Ct.No.42.

CRM(SB)/13/2022

(Via Video Conference)

In re: An application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Bidhannagar Cyber Crime Police Station Case No.63 of 2020 dated 01.08.2020 under Sections 419/420/120B of the Indian Penal Code, adding Section 14(A) of Foreigners Act, 2004 and adding Sections 468/471 of the Indian Penal Code (Corresponding to G.R. Case No.471 of 2020)

In the matter of : Edwin Ngoesine Anidesh.

...Petitioner.

Mr. Kuldeep Rai, Adv.

Mr. Aniruddha Singh Rajawat, Adv., Mr. Ankur Jain, Adv.

Mr. Surakshit Nagar, Adv.

...for the Petitioner.

Mr. Rudradipta Nandy, Adv.

...for the State.

It is submitted by the learned Advocate for the petitioner

that since the date of arrest, the petitioner, a Nigerian National

is in custody. His wife is staying alone in Delhi with their two

years old daughter. The wife of the petitioner is seriously ill.

Medical record annexed with the application for bail shows that

the wife of the petitioner became pregnant about two years

back. However, her pregnancy got terminated naturally.

Subsequently it was detected that she is having fibroids in the

uterus causing excessive menstrual bleeding. It is submitted by

Mr. Kuldeep Rai, learned Advocate for the petitioner that there

is nobody to look after the wife of the petitioner. She even

cannot perform her day to day work. She has no money to

spend for her and their minor daughter's livelihood. She even

cannot get herself medically treated on her own. Accordingly,

for the purpose of medical treatment of his wife, the petitioner

should be released on bail.

The learned Public Prosecutor-in-Charge, on the other

hand, has raised serious objection against the prayer for bail of

the petitioner.

It is found from the case diary that initially the petitioner

came to this Country with Indian Visa, which expired on 29 th

December, 2015. Since then he has been illegally overstaying

in this Country violating provision of the Foreigners Act as well

as Indian Passport Act. The specific act alleged against the

petitioner deserves a special mention. He created a fake

account in an online portal under the name and style of

'Sangam.com'. Then through Internet he introduced himself in

a fictitious name of one Kamlesh Patel and befriended with

different ladies. Then he used to cheat them in an innovative

way saying that he wanted to send gifts to them from foreign

Countries and for which they would have to pay some amount.

After receiving such amount once or twice, he used to

disconnect all communications with the victims.

It is also learnt that the trial of the case is on the verge of

completion. The evidence of the Investigating Officer is only

pending to be recorded.

Considering all such circumstances, I am not inclined to

release the accused on bail at this stage. However, the Trial

Court is directed to complete the recording of the evidence of

the Investigating Officer within one month from the date of

communication of this order and deliver judgment within one

month thereafter.

( Bibek Chaudhuri, J. )