Allowed

Ochiuwa Jonathan Onyebuchi v. State of U.P. and Another

Allahabad HC29 Sept 2021BAIL/1299/2020

Case brief

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What is this about?

In Criminal Misc. Bail Application No. 1299 of 2020, the Allahabad High Court allowed the bail application of Ochiuwa Jonathan Onyebuchi, a Nigerian national, charged under Section 14 of the Foreigners Act for unauthorized residence and possession of alcohol. The court impressed by the charge's nature and reformative theory of punishment, ordered his release with conditions.

What did the court decide?

Release on bail by personal bond and two sureties subject to conditions of attending trial and avoiding illegal activities.

Ochiuwa Jonathan Onyebuchi Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1299 of 2020 Applicant :- Ochiuwa Jonathan Onyebuchi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashank Mishra,Dharmendra Kumar Chaubey,Pandey Balkrishna,Raj Kumar Singh Counsel for Opposite Party :- G.A.,Kuldeep Singh Chauhan

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Hon'ble Rajiv Joshi,J.

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Heard Sri Dharmendra Kumar Chaubey, learned counsel for the applicant, learned A.G.A for the State and perused the record. None has appeared on behalf of the Union of India even in the revised call of the list although, name of Sri Kuldeep Singh Chauhan, Advocate.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 581 of 2019, under Sections- 14 of Foreigners Act, Police Station- Beta 2/Kasna, District- Gautam Buddha Nagar, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. The applicant is having citizenship of Nigeria and he came to India in the year 2016 on a valid Visa and Passport for higher studies. It is next submitted that as per the FIR, 16 bottles 330 ML, Hencen Company (for sale Delhi), 11 bottles 650 ML Tuborg Company (for sale Uttar Pradesh) and 18 bottles 330 ML Kingfisher Company (for sale Delhi) has been recovered from the custody of the applicant. It is further mentioned in the FIR, the applicant is a foreigner and have failed to produce his Passport and Visa and is residing in India unauthorizedly. It is next submitted that charge-sheet in the matter had already been submitted long ago. The offence is triable by Magistrate and maximum sentence for the aforesaid offence is five years. The applicant is in jail since 7.7.2019 having criminal history of one case i.e. Case Crime No. 580 of 2019 under Section 60/63 of Excise Act, in which he is already enlarged on bail by the court below, the bail order has been appended as annexure no.6 to the application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie

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satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.

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Let the applicant, Ochiuwa Jonathan Onyebuchi who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 29.9.2021/Akbar

Ochiuwa Jonathan Onyebuchi v. State of U.P. and Another

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Ochiuwa Jonathan Onyebuchi v. State of U.P. and Another

Case brief

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