Ifeanyi Raymond Nawachukwu v. The State (NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2998/2023 IFEANYI RAYMOND NAWACHUKWU .....Petitioner Through:

Mr. J. S. Kushwaha and Ms. Tanya Kushwaha, Advs.

versus THE STATE (NCT OF DELHI) .....Respondent Through:

Ms. Manjeet Arya, APP for the State with SI Rajbir Singh, PS: Crime Branch.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 06.08.2024 CRL.M.A. 20181/2024 (for reduction of surety amount) 1.

By way of the present application, the petitioner/applicant seeks reduction of the surety amount from Rs. 50,000/- to Rs. 25,000 and further seeks that the applicant be permitted to deposit the surety amount in cash. 2.

The applicant, who is a foreign national, was granted regular bail vide order dated 2nd July, 2024 by the Roster Bench. While granting bail, one of the conditions imposed was that the applicant shall furnish a personal bond of Rs. 50,000/- with one surety of the like amount.

3.

Counsel for the applicant has placed reliance on the judgment of the Coordinate Bench dated 11th April, 2022 in BAIL APPLN. 1960/2020 titled Nastor Farirai Ziso v. NCB which was also in the context of the Narcotic Drugs and Psychotropics Act, 1985. 4.

In the aforesaid judgment, the applicant therein was a woman and a foreign national. The Court noted that she cannot be forced to undergo incarceration simply because she is unable to furnish a local surety bond despite grant of bail. 5.

The aforesaid judgment is squarely applicable to the facts of the present case. BAIL APPLN. 2998/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2024 at 11:40:58

Accordingly, the present application is allowed and it is directed that the applicant shall be released subject to the furnishing of cash surety of Rs. 25,000/-. All other conditions mentioned in the order dated 2nd July, 2024 shall remain unaltered. 6.

Accordingly, the application is disposed of in the aforesaid terms. 7.

Copy of this order be sent to the Jail Superintendent for information and compliance.

AMIT BANSAL, J AUGUST 6, 2024 p BAIL APPLN. 2998/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/10/2024 at 11:40:58