BABU ABDUL RUF SARDAR vs STATE OF MAHARASHTRA

Judgment text excerpt

ba1510-2025 final.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1510 OF 2025 Babu Abdul Ruf Sardar … Applicant V/s. The State of Maharashtra … Respondent Mr. Jyotiram S. Yadav for the applicant. Mrs. Megha S. Bajoria, APP for the respondent-State. CORAM : AMIT BORKAR, J. DATED : AUGUST 12, 2025 P.C.: SHABNOOR AYUB 1. The present application is filed under Section 439 of the PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2025.08.12 Code of Criminal Procedure, 1973 (“Cr.P.C.” for short), by the 12:29:51 +0530 applicant seeking his release on regular bail in connection with Crime Register No.1276 of 2024, registered with Wagle Estate Police Station. The applicant is facing prosecution for offences punishable under Sections 335, 336(3), and 340 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS” for short), along with offences under Sections 3(a) and 6(a) of the Passport (Entry into India) Act, 1950 and Sections 3(1), 3(2), and 14 of the Foreigners Order, 1948. 2. As per the case of the prosecution, the applicant is alleged to have entered the territory of India without valid passport or travel documents, and to have deliberately suppressed his foreign nationality by creating and using forged Indian identity 1 ba1510-2025 final.doc documents, such as Aadhaar Card and PAN Card. It is alleged that by falsely showing himself as a citizen of India, he not only misrepresented his status before the authorities but also obtained the Aadhaar Card by submitting fabricated documents. 3. The record further shows that at the time of his apprehension, the applicant was found in possession of a mobile phone which, upon forensic examination, contained digital copies of birth certificates of the applicant an