Gujarat High Court Grants Bail To Man Having Bangladeshi Parents Accused Of Illegally Obtaining Indian Passport
The accusation centered on the claim that his parents were Bangladeshi nationals and that he had, therefore, wrongfully obtained Indian citizenship documents.
The Gujarat High Court has granted bail to a man accused of illegally procuring an Indian passport despite allegedly having Bangladeshi parentage, noting that, at least at a prima facie stage, he had been able to establish his status as an Indian citizen on the basis of a passport issued to him by a competent authority.
The petitioner had approached the High Court seeking regular bail after the filing of the charge-sheet. He was booked under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 319(2), 336(2),338, 336(3),340(2) and 54. In addition, he was charged under Section 12(2) of the Passport Act, which deals with offences and penalties relating to passports.
A Bench of Justice Nikhil S. Kariel observed, “Be that as it may, to this Court it would appear that as of now, there are certain documents, based upon which the present applicant has prima facie established his identity as Indian Citizen and got a passport issued by the competent authority and whereas considering that the applicant is in custody since 27.05.2025 and the passport itself having been seized by the police authorities, to this Court there would no further requirement to keep the present applicant in custody. ”
The Court noted that the petitioner was in possession of an Indian passport, which was not alleged to be forged. The accusation, instead, centered on the claim that his parents were Bangladeshi nationals and that he had, therefore, wrongfully obtained Indian citizenship documents.
According to the prosecution, despite the petitioner’s parents being Bangladeshi nationals, he had managed to obtain a birth certificate showing that he was born in India, specifically within the jurisdiction of Kalyani Municipality. On the strength of this birth certificate and other documents, he allegedly secured an Indian passport unlawfully.
The Court further took note of the fact that the petitioner had been in judicial custody since 27 May, 2025 and that his passport had already been seized by the police.
The Court held, “In the facts and circumstances of the case and considering the nature of the allegations made in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.”
Accordingly, the High Court allowed the bail application and directed that the petitioner be released on regular bail upon execution of a personal bond of ₹10,000 along with one surety of the same amount to the satisfaction of the trial court, subject to compliance with certain conditions.
The Court also clarified, “At the stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the applicant for being released on regular bail.”
Cause Title: Biplob v. State of Gujarat, [2025:GUJHC:74407]
Appearance:
Applicant: Advocates Ashok L Chauhan, Nilay Thakor
Respondent: Advocate Jay Mehta
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