Prima Facie Established Citizenship: Gujarat High Court Grants Bail To Man Accused Of Obtaining Indian Passport Having Bangladeshi Parents

The Gujarat High Court has granted bail to a man accused of illegally obtaining Indian passport despite having Bangladeshi parentage, observing that he had "prima facie" established based on the passport issued to him by competent authority that he was an Indian citizen. 

Justice Nikhil S Kariel in his order observed that it appeared that the allegation against the petitioner was that he is not an Indian Citizen. The court noted that it appeared that the petitioner held Indian Passport which stated to be not forged, however the allegation levelled was that the parents of the petitioner were Bangladeshi Nationals. 

The petitioner had moved the high court seeking regular bail who has been booked in an FIR under BNS Sections 319(2)(Cheating by personation), 336(2)(forgery), 338(Forgery of valuable security, will, etc.), 336(3)(forgery for purpose of cheating), 340(2)(Forged document or electronic record and using it as genuine) and 54(Abettor present when offence is committed) and Section 12(2) (Offences and penalties) of the Passport Act after filing of the charge-sheet.

The respondent authorities alleged that inspite of the parents of the petitioner being Bangladeshi nationals, a birth certificate stating that petitioner was born in India more particularly in Kalyani Municipality had  been obtained by the petitioner.

The court however held:

"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. 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".

Allowing the plea, the court granted regular bail to the petitioner on him executing a bond of Rs.10,000 with one surety of the like amount to the satisfaction of the trial Court, subject to certain conditions. 

"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," the court added. 

Case title: Biplob v/s State of Gujarat

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 27169 of 2025

Counsel for petitioner: Advocates Ashok L Chauhan, Nilay Thakor 

Counsel for respondent: Additional Public Prosecutor Jay Mehta

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