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2026 Supreme(Online)(Ker) 2614

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SANJOY SARDAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 177 OF 2026 | CRIME NO.734/2025



Advocates:
For the Appellants/Petitioners: Shri. Shyam Kumar M.P
For the Respondents: Sri. U. Jayakrishnan, PP

A bail application was granted due to insufficient evidence connecting the applicant to the alleged crime while emphasizing cooperation with the ongoing investigation.

Headnote:This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused No. 2 in Crime No. 734/2025, alleged to have assisted in forgery involving a false Aadhaar card. The court finds no strong evidence connecting the applicant to the crime, leading to a decision granting bail under specified conditions. The court emphasizes the necessity for the applicant to cooperate with ongoing investigations and abide by bail conditions, thus permitting release.

Table of Content
1. allegations related to forgery and the applicant's involvement. (Para 2 , 3)
2. arguments presented regarding the applicant's innocence and prosecution's claims. (Para 5)
3. court's observation on evidential absence and reasons for granting bail. (Para 6)

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.2 in Crime No.734/2025 of Beypore Police Station, Kozhikode District. The offences alleged are punishable under Sections 3 36 (2) and 340(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023, and Section 21 of the Immigration and Foreigners Act , 2025.

3. The prosecution case, in short, is that accused No.1 is a Bangladeshi national who forged a false Aadhaar card to stay in India, and that the applicant helped accused No.1 to forge a false Aadhaar card, and thereby committed the offences. 4. I have heard Sri.Shyam Kumar M.P., the learned counsel for the applicant and Sri.U.Jayakrishnan, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was arrested on 17.11.2025 and he has been in judicial custody since then. The learned Public Prosecutor submitted that the investigation is still continuing. The applicant has been in custody for more than 60 days. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be statutory bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

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