Bail cannot be granted if serious national security implications exist, despite completion of investigation.

ORAL ORDER

1. Accused no.1 in Crime No.500/2024 registered by Suryanagar Police Station, Bengaluru District, for the offences punishable under Sections 336(2), 336(3), 340(2) of BNS, 2023 , Sections 34 , 35, 36 of Aadhaar Act, 2016 and Section 14 , 14(A) of Foreigners Act and Section 12(1)(A)(a)(b) of Indian Passport Act , is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.500/2024 was registered by Suryanagar Police Station, Bengaluru District, initially for the offences punishable under Sections 336(2), 336(3), 340(2) of BNS, 2023 and Sections 34 , 36, 35 of Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, against the petitioner based on the first information dated 22.11.2024 received from B.K.Mohan Kumar - Police Officer attached to Suryanagar Police Station, Bengaluru District. During the course of investigation of the case, petitioner herein was arrested on 23.11.2024, and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.5034/2024 was rejected on 14.02.2025. Therefore, he is before this Court.

4. Learned Counsel for the petitioner submits that the maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has no criminal antecedents. He is in custody for the last more than six months. Since investigation is already completed, his custodial interrogation may not be necessary. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has seriously opposed the petition. She submits that petitioner has committed anti- national activities, and therefore, it is not safe to enlarge him on bail. Merely for the reason that charge sheet is filed, accused cannot be enlarged on bail. Petitioner hails from West Bengal and in the event he is enlarged on bail, it would be difficult to secure his presence. Accordingly, she prays to dismiss the petition.

6. First information was submitted by B.K.Mohan Kumar - Police Officer attached to Suryanagar Police Station, Bengaluru District, alleging that based on the credible information received he had conducted a raid to a Cyber Centre known as Wow Technology, U.K., and had apprehended the petitioner who was found in the Cyber Centre and had recovered large number of rental agreements and other documents which were used by the petitioner for the purpose of creating fraudulent PAN cards and Aadhaar Cards in favour of illegal immigrants from Bangladesh. The petitioner herein was subsequently produced before the court and remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner and another who is a Bangladesh citizen.

7. The allegation against the petitioner in the charge sheet is that petitioner was concocting document using fake letter head, seals, etc., and on the basis of the said documents, he was providing PAN cards and Aadhaar cards to citizens of Bangladesh who were introduced to him by accused no.2. During the course of investigation, huge number of rental agreements, fake seals, Aadhaar card applications in the name of different persons were recovered from the office