The Gujarat High Court has granted regular bail to an accused booked for multiple offenses under the Bharatiya Nyaya Sanhita, 2023, and the Passport Act, 1967, observing that continued incarceration was not warranted after the filing of the charge sheet, especially when the applicant had ‘prima facie’ established his identity as an Indian citizen and a passport had been issued by the competent authority.
The applicant was arrested in connection with an FIR registered with the Airport Police Station, Ahmedabad, alleging offenses under Sections 319(2), 336(2), 338, 336(3), 340(2), and 54 of the Bharatiya Nyaya Sanhita, 2023, and Section 12(2) of the Passport Act, 1967. The primary allegation against him was that he was not an Indian citizen and had acquired documents, including a birth certificate, despite his parents being alleged Bangladeshi nationals.
Granting bail, the court noted that the applicant had been in custody since May 27, 2025, and the presence of the documents on record indicates that they had been issued by the competent authority, which was not alleged to be forged. Further, the court has observed that the passport had already been seized, thereby mitigating any apprehension of misuse.
Accordingly, ordered the applicant’s release on regular bail, subject to the conditions including execution of a bond, surrender of passport, restriction on travel outside India, and periodic marking of presence before the police.
Cases Referred
Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 40
Appearance:
Advocate Ashok L. Chauhan along with Advocate Nilay Thakor for the applicant.
Jay Mehta, Additional Public Prosecutor for the respondent.
