Biplob secures bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, amidst identity and nationality dispute.
In a recent judgment, the Gujarat High Court granted regular bail to Biplob, an accused in a case involving allegations of being a non-Indian citizen. The decision, delivered by Justice Nikhil S. Kariel, came on December 24, 2025, in response to an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Biplob was accused of offenses under various sections of the Bharatiya Nyaya Sanhita, 2023, and the Passport Act, 1967.
The case against Biplob centered around allegations of him being a non-Indian, despite holding an Indian passport. The prosecution claimed that Biplob's parents were Bangladeshi nationals, casting doubt on his Indian citizenship. However, documents presented during the hearing indicated that Biplob was born in India and possessed a valid passport issued by competent authorities.
The court considered several factors before granting bail. It noted that Biplob had been in custody since May 27, 2025, and that his passport had been seized, reducing any potential flight risk. Citing the Supreme Court's precedent in Sanjay Chandra v. Central Bureau of Investigation, the court emphasized that keeping Biplob in custody served no further purpose given the circumstances.
Bail was granted with conditions, including the surrender of Biplob's passport, restrictions on leaving India without court permission, and monthly appearances at a designated police station. The court also instructed that Biplob provide his current residential address and prohibited changes without prior notification to authorities.
This judgment reflects the court's careful balancing of the legal principles surrounding bail, the nature of the allegations, and the evidence presented. The court underscored that the trial court should not be influenced by these preliminary observations when the case proceeds to trial.
Bottom Line:
Regular bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering custody period, seized passport, and prima facie documents establishing identity as Indian Citizen.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 319(2), 336(2), 338, 336(3), 340(2), 54, Passport Act, 1967 Section 12(2)
Biplob v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2833314
