Gujarat HC grants bail to man accused of illegally obtaining Indian passport, despite alleged Bangladeshi parentage

Gujarat High Court has granted regular bail to a man accused of fraudulently procuring an Indian passport, despite allegations that his parents are Bangladeshi nationals.

A single bench of Gujarat High Court granted bail to the accused who has been in judicial custody since May 27, 2025. The court observed that the applicant had prima facie established his identity as an Indian citizen through documents, including a passport issued by a competent authority, which was not alleged to be forged.

"The passport itself having been seized by the police authorities, there would be no further requirement to keep the accused in custody," the court noted in its order.

The case stems from an FIR registered at Ahmedabad Airport Police Station under relevant sections of the Bharatiya Nyaya Sanhita for cheating by personation, forgery, and forgery of valuable security, as well as section 12(2) of the Passport Act, 1967, which deals with offences related to providing false information to obtain a passport.

According to the prosecution, the accused, despite having parents in Bangladesh, allegedly entered India illegally, used an agent in West Bengal to obtain false documents, including a birth certificate from Kalyani Municipality in 2015. Subsequently secured an Indian passport based on these documents.

The applicant's advocate argued that the chargesheet had already been filed, prolonged detention was unnecessary, and the applicant was willing to abide by any conditions imposed by the court. Opposing the bail, the Additional Public Prosecutor contended that given the serious nature of the offence and the role attributed to the applicant as per the chargesheet, judicial discretion should not be exercised in his favour.

However, the court found the case fit for bail, directing the applicant to furnish a personal bond of Rs 10,000 with one surety of the like amount. Conditions include not leaving India without prior permission from the sessions court and marking presence at the concerned police station once a month for six months.