Babu Abdul Ruf Sardar v. State of Maharashtra (Bom)(HC)(UR)

Code of Criminal Procedure, 1973
S. 439: Bail – Allegation of foreign nationality – Forged Indian identity documents – Aadhaar Card , PAN, Voter ID, Passport and Ghumasta Licence – Alleged Civil contractor – Suspected Bangladeshi origin – National security – Bail denied. [Bharatiya Nyaya Sanhita, 2023, S.3(5, ) 193(8), 335, 336(3), 340 , Passport (Entry into India) Act, 1950, S. 3(a), 6(a); Foreigners Order, 1948, S. 3(1), 3(2), 14; Citizenship Act, 1955; Foreigners Act, 1946, S. 9, Art. 5 to 11 ]

The applicant sought regular bail under section 439 of the Cr.P.C. in connection with offences relating to illegal entry into India, forged identity documents (Aadhaar, PAN, Voter ID), and suspected Bangladeshi origin. Digital evidence, including birth certificates purportedly issued in Bangladesh, was recovered from his mobile phone. Verification from UIDAI and other authorities regarding authenticity of documents was pending. The Court held that possession of Aadhaar or other IDs does not confer citizenship; the claim must be tested under the Citizenship Act, 1955. Under S. 9 of the Foreigners Act, once credible suspicion arises, the burden shifts to the person to prove citizenship. Considering the gravity of allegations, ongoing investigation, potential risk of absconding, and possible interference with evidence, the Court found no case for bail at this stage. Liberty granted to reapply if the trial is not concluded within one year. (BA No. 1510 of 2025, dt. 12-8-2025 )

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