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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Babu Abdul Ruf Sardar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) by the applicant seeking his release on regular bail in connection with Crime Register No.1276 of 2024, registered with Wagle Estate Police Station. The applicant is facing prosecution for offences punishable under Sections 3 35, 336(3), and 340 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (“ BNS ” for short) along with offences under Sections 3 (a) and 6(a) of the Passport (Entry into India) Act, 1950 and Sections 3 (1), 3(2) and 14 of the FOREIGNERS ORDER , 1948.
2. As per the case of the prosecution, the applicant is alleged to have entered the territory of India without valid passport or travel documents, and to have deliberately suppressed his foreign nationality by creating and using forged Indian identity documents, such as Aadhaar Card and PAN Card. It is alleged that by falsely showing himself as a citizen of India, he not only misrepresented his status before the authorities but also obtained the Aadhaar Card by submitting fabricated documents.
3. The record further shows that at the time of his apprehension, the applic
Possession of identity documents is insufficient to establish citizenship when credible evidence raises suspicion; the burden of proof shifts to the accused if allegations of identity fraud are subst....
Possession of forged documents by an Afghan national raises credible suspicion regarding immigration status, shifting the burden of proof to the individual to establish lawful citizenship.
The court considered the completion of investigation, lack of criminal antecedents, and the presence of a 16-month-old child with one of the accused in prison as factors for allowing the bail applica....
A bail application was granted due to insufficient evidence connecting the applicant to the alleged crime while emphasizing cooperation with the ongoing investigation.
Presumption of guilt is maintained in cases of serious immigration offenses by foreign nationals lacking documentation.
Bail is a rule and jail is an exception; personal liberty under Article 21 must be upheld when investigation is complete and no further recovery is needed.
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