Court cites risk of flight and alleged forgery of documents as grounds for denying bail to Bangladeshi national involved in human trafficking.
In a significant judgment, the Karnataka High Court has denied bail to Amol Chandra Das, also known as Amol Das or Sujib, a foreign national accused of human trafficking and alleged forgery of documents. The Division Bench comprising Justices H.P. Sandesh and Venkatesh Naik T dismissed the criminal appeal filed by the appellant against the order of the Trial Court, which had earlier rejected his bail application.
The appellant, who is facing charges under Sections 370(3) and 120B of the Indian Penal Code, along with Sections 14, 14(A)(B), and 14(C) of the Foreigners Act, and Section 3 of the Passport (Entry Into India) Act, 1920 read with Rule 6 of the Passport (Entry into India) Rules, 1950, argued that the offenses were not punishable with death or life imprisonment, thus warranting bail.
However, the court observed that the appellant, being a Bangladeshi national, had allegedly forged documents such as Aadhar cards and birth certificates to obtain a passport. The prosecution presented evidence suggesting the appellant's frequent travels to Bangladesh and his involvement in illegal activities, raising concerns over his potential flight risk if released on bail.
The Special Public Prosecutor, representing the National Investigation Agency (NIA), highlighted discrepancies in the appellant's Aadhar cards, both allegedly issued on the same day but with different addresses. Additionally, a purportedly forged birth certificate further implicated the appellant in document forgery.
Despite the appellant's counsel referencing a Supreme Court order granting bail to a similarly placed accused, the High Court found that the circumstances of this case did not support such relief. The court emphasized the appellant's status as a foreign national with connections to Bangladesh, which could facilitate his escape from justice.
Concluding that the appellant had not demonstrated any change in circumstances since the previous bail applications, the court upheld the decision to deny bail, underscoring the importance of ensuring the appellant's presence during the trial.
Bottom Line:
Bail application - Rejection of bail for accused involved in human trafficking and alleged forgery of documents - Appellant being a foreign national and alleged to have created fake documents like Aadhar card and birth certificate to obtain a passport - Court observed that granting bail could lead to the appellant fleeing from justice.
Statutory provision(s): Sections 370(3), 120B of IPC, Sections 14, 14(A)(B), 14(C) of the Foreigners Act, Section 3 of the Passport (Entry Into India) Act, 1920, Rule 6 of the Passport (Entry into India) Rules, 1950
