ORDER

RULE. Learned APP waives service of rule for the respondent-State.

The present application is led under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS”) for successive regular bail in connection with FIR being C.R. No.11191011260213 of 2026 registered with D.C.B. Police Station, Ahmedabad City, for the o.ence under Sections Sections 336(2), 336(3), 338(2) and 340(2) of the BNS and Section 12(1)(b)of the Passport Act.

Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the o.ence. The present applicant has not committed any o.ence. Investigation is over and charge-sheet is led. Applicant is arrested on 08.07.2026. It is submitted that, as per the prosecution case, the present applicant belongs to the Hindu religion and was in love with a Muslim lady, whom he married in the year 2012. Thereafter, he changed his name to Abdul Rehman Khan and shifted to Gujarat. The applicant and his wife have three children. It is further alleged that the present applicant forged the Nikahnama. However, no o.ence has been committed to date in the name of Abdul Rehman Khan or in his actual name, Yogendra Kumar Maurya. It is submitted that the applicant concealed his identity only with a view to continuing his marital life with the said lady. The present applicant required a passport and accordingly applied for the same. However, his earlier passport was in the name of Yogendra Kumar Maurya. The passport authority informed the police about the same, pursuant to which the present o.ence came to be registered. He therefore submits that, considering the nature of the o.ence, the applicant may be enlarged on successive regular bail by imposing suitable conditions.

Learned APP appearing on behalf of the respondent-State has opposed the present application on the ground that, in the year 2012, the present applicant solemnized his marriage on the basis of an allegedly forged Nikahnama. It is further submitted that the applicant changed his religion without informing the concerned authorities and thereafter obtained an Aadhaar Card, PAN Card, Ration Card, Election Card and other documents. It is also alleged that the applicant suppressed material facts before the passport authority and attempted to obtain a passport. Considering the aforesaid fact, the present application does not deserve any consideration.

While granting bail, the Court has to consider the involvement of the accused in the alleged o.ence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail:

(i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution;

(ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses;

(iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;

(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused;

(v) larger interest of the public or the State and similar other considerations are required to be considered.

I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) investigation is over and charge-sheet is led;

(2) Applicant is behind the bar since 08.07.2026;

(3) There is nothing to be recovered or discovered from the applicant;

(4) applicant is having no past antecedent;

(5) As per the prosecution case, the present applicant belongs to the Hindu religion and was in love with a Muslim lady, whom he married in the year 2012. Thereafter, he changed his name to Abdul Rehman Khan