A Question of Nationality: Court Upholds State's Concern Over Illegal Entry.
12-August-2025
Bail and Antcipatory Bail >> Criminal Law
The prosecution's case is built on evidence recovered from the applicant’s mobile phone, including digital copies of birth certificates from Bangladesh, and an IPDR analysis showing extensive communication with phone numbers in Bangladesh. The state argues that releasing the applicant on bail poses a high flight risk and could jeopardize the ongoing investigation into a potential organized network of illegal immigration.
The applicant's defense claims he is a bona fide Indian citizen with valid Indian identity documents, arguing the birth certificates from the mobile phone are unverified and unreliable. The defense also states that no further custodial interrogation is needed and the applicant has deep roots in the community.
The court rejected the bail application, emphasizing that possessing Indian identity documents like an Aadhaar card does not automatically prove citizenship. Citing the Citizenship Act of 1955 and the Foreigners Act of 1946, the court noted that the burden of proof rests on the applicant to conclusively establish his Indian citizenship, especially when his identity is under serious suspicion. The court found that the investigation is at a crucial stage, with official verification of the applicant's documents still pending. The court concluded that releasing the applicant could lead to him absconding, and the serious nature of the allegations, involving forgery and potential national security concerns, warranted continued custody.
Section 439., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973
Section 335, BHARATIYA NYAYA SANHITA - 2023
Section 336, BHARATIYA NYAYA SANHITA - 2023
Section 340, BHARATIYA NYAYA SANHITA - 2023
PASSPORT (ENTRY INTO INDIA) ACT, 1920