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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Yaya Khan @ Mohammad Yousuf – Appellant
Versus
State of Odisha – Respondent
Judgment :
G. Satapathy, J.
1. This is the bail application U/S.483 of the BNS S by the petitioner for grant of bail in connection with Airport P.S. Case No.192 of 2025 corresponding to C.T. Case No.1043 of 2025 pending in the Court of learned JMFC (Cog. Taking-V), Bhubaneswar, for commission of offence punishable U/Ss.338/339/340/336(2) of r/w.Sec.12/14/14-A of Foreigners Act.
2. As per the allegation, the petitioner, who was detained at the Bhubaneswar, Airport after his arrival from Dubai in Flight No.6E-1448, was found upon immigration verification to be an Afgan National having Afgan passport No. 0247655 and his original name to be Mohammad Yusuf, however, the passport/document shown by him discloses him to be Yaya Khan, S/o- Moti Khan, DOB- 20.05.1971, PP No. U1380251 with address Peyton Sahi, Buxibazar, Cuttack-753001, Odisha which is found to be false and he had allegedly been staying in India with forged and fabricated documents since 25.10.2018. On this fact, FIR was lodged and the petitioner was taken into custody landing him before this Court in this bail application.
3. Heard Mr. Jeet Swarup Samal, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. PP i
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....
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....
The main legal point established is that the necessity of custodial interrogation and the presence of evidence linking foreign travel to illegal activities are crucial factors in determining the gran....
Anticipatory bail may be granted where the prosecution fails to demonstrate the necessity for custodial interrogation or present sufficient evidence of ongoing criminal activity.
Presumption of guilt is maintained in cases of serious immigration offenses by foreign nationals lacking documentation.
A bail application was granted due to insufficient evidence connecting the applicant to the alleged crime while emphasizing cooperation with the ongoing investigation.
In bail applications concerning severe allegations of cyber fraud, the court must consider the risk of the accused absconding, especially when allegations involve significant sums and forged document....
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