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Allahabad High Court · body

2015 DIGILAW 3970 (ALL)

Kamrul v. State of U. P.

2015-12-14

KARUNA NAND BAJPAYEE

body2015
JUDGMENT Karuna Nand Bajpayee, J. -- This bail application has been moved seeking the release of the applicant on bail in Case Crime No.1420 of 2013, u/s 14 of Foreign Act, Police Station-Sector 20, Noida, District-Gautam Budh Nagar. 2. Heard learned counsel for the applicant and learned A.G.A. Shri Arunendra Kumar Singh. 3. Perused the record. 4. Submission of the counsel for the applicant is that the police has apprehended the applicant on 15.11.2013 along with certain articles which were alleged to have been of theft committed in different crimes. It has been also alleged that the applicant is a foreigner belonging to Bangladesh and he is residing in India without any valid Visa and Passport. Further submission is that the applicant is an Indian citizen and his date of birth is 25.5.1991 which was duly registered by the Municipal Corporation of Delhi and he got registration certificate regarding that on 29.7.2011 which has also been annexed as Annexure-2 along with this bail application. The applicant is also having Election I.D. Card, PAN card as well as Adhar card issued by the Government of India, and therefore, in this view of the matter it cannot be said that the applicant is a foreigner but actually he is an Indian and he may be therefore released on bail. 5. Learned A.G.A. has opposed the prayer for bail and has submitted that the Investigating Officer of the case has inquired the matter regarding the birth certificate given by the Municipal Corporation of Delhi and he found it to be completely forged. Thereafter, he moved a report to the Session Judge on 20.5.2014 which is annexed as Annexure-3 to the bail application. He has also submitted that the applicant has obtained voter I.D. Card, Adhar card as well as PAN card on the basis of forged birth certificate, and therefore they cannot be considered as valid documents. Submission is that if the very genesis or the basis to obtain the aforesaid different documents relied upon by the applicant is itself nothing except a deceptive ruse or a rank forgery then they cannot go even an inch to further the cause of applicant. No legitimacy can be attached to such documents in the aforesaid background. Submission is that if the very genesis or the basis to obtain the aforesaid different documents relied upon by the applicant is itself nothing except a deceptive ruse or a rank forgery then they cannot go even an inch to further the cause of applicant. No legitimacy can be attached to such documents in the aforesaid background. He has also submitted that the prosecution has placed voter list of the area where the applicant resides, before the session court at the time of hearing of bail, in which the name of applicant was not shown as a voter which also exposes the falsity of the applicant's claim that he is a bonafide citizen of India. Learned A.G.A. laid much emphasis on the prevailing extreme circumstances through which the nation is undergoing witnessing a sustained escalation of terrorists' activities in different parts of the country. Contention is that the core terrorists who ultimately engage themselves in the gruesome acts of violent killings do not operate single handidly but have an elaborate profuse net of supporting outfits in the background which provide backup in enumerable ways, by feeding informations, by giving warnings, by providing crucial clues, by surveying the places of target and doing recce and reconnaissance and assisting to manage their escape and provide shelter. All these supportive collateral activities of terrorists are being performed by managing the infiltration of foreigners from outside the territory into our land. These supportive pockets of infiltrators act in an orchestrated manner which eventually result in massive loss of lives and property. Further contention is that therefore such breaches when detected cannot be soft-pedalled or lightly viewed because of the grave peril which they entail. It has also been emphasized that the applicant is not an Indian citizen and he is residing in India without any valid Visa and Passport. It has been further pointed out that the applicant is also having a long criminal history of 8 cases including the present one, and therefore, also the applicant should not be released on bail. Reliance in this regard has also been placed by learned A.G.A. on the recent Apex Court's decision in the case of Neeru Yadav Vs. State of U.P. and another, delivered on 29.9.2015 in Criminal Appeal No. 1272 of 2015 which underlines the relevance of criminal history which needs to be duly considered at the time of deciding the matters of bail. State of U.P. and another, delivered on 29.9.2015 in Criminal Appeal No. 1272 of 2015 which underlines the relevance of criminal history which needs to be duly considered at the time of deciding the matters of bail. 6. Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case including the criminal history, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected. 7. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.