Karnataka High Court Rejects Bail Application Of Scrap Shop Owner Accused Of Staying Illegally In India For 20 Years

A single judge bench of Justice M G Uma, while refusing bail to Syadul Akhon @Shahid Ahmad, said: “It is alleged that he (petitioner) concocted the several ID Cards to project that he is an Indian Citizen. The allegation is of serious nature having serious consequences, such acts may prove to be a great threat to the Nation.”

The petitioner was chargesheeted for offences punishable under Sections 465, 468, 471, 472, 474 and 420 of the Indian Penal Code (for short 'IPC'), Section 66(D) of Information Technology Act, (for short, 'the IT Act'), Section 14, 3, 7(2) of Foreigners Act and Section 12 of Passports Act.

He prayed for release on bail stating that he was apprehended on 23.05.2022 and since then he is in judicial custody. It was argued by his counsel that the Provisions of Foreigners Act, Passports Act, IPC and IT Act were invoked without any basis. It was submitted that the petitioner is a citizen of Uttar Pradesh and was born there. His family members are residing in Uttar Pradesh and he has an Indian Passport, Aadhar Card, Voters ID and other relevant documents, the court was told.

Investigating Officer has not considered any of these documents and filed a false chargesheet, it was argued. "Moreover, since the investigation is already completed, detention of the petitioner in custody would amount to pre-trial punishment. He is ready and willing to abide by any of the conditions that would be imposed by this Court," the counsel said.

The prosecution opposed the plea saying that serious allegations have been made against the petitioner for having committed the offences. It was submitted that he is running a scrap shop in Bengaluru and was trying to change his residential address to Bengaluru

"He is a Bangladesh Citizen and he gained entry into India without Passport and Visa. He has been staying in India since 20 years illegally and concocted several documents in collusion with accused Nos.2 to 15," it said.

The court said the allegations made against the petitioner is of serious nature. "Even though the learned counsel for the petitioner produced several documents contending that he is the citizen of India and resident of Uttar Pradesh, having all necessary documents to prove his identity, the charge sheet filed by the Investigating Officer after due investigation discloses that he is a Bangladesh Citizen, gained entry into the Indian County illegally and stayed since 20 years," it added.

Considering that several other accused are still absconding, the court said the petitioner is not entitled to bail.

Case Title: Syadul Akhon @Shahid Ahmad And State of Karnataka

Case No: CRIMINAL PETITION NO. 252 OF 2023

Citation: 2023 LiveLaw (Kar) 46

Date of Order: 19-01-2023

Appearance: Advocate Mohammed Mujassim for petitioner.

HCGP H.S.Shankar for respondent

Click Here To Read/Download Order