The Allahabad High Court has rejected the bail application of a Nepali citizen who was found to be chatting with Pakistan nationals on WhatsApp by using 11 mobile numbers.
A single-judge bench of Justice Krishan Pahal passed this order while hearing a Criminal Misc Bail Application filed by Mohd. Saleem Khan.
By means of the application, the applicant Mohd Saleem Khan, sought bail in case under Sections 419, 420, 467, 468, 469, 471 IPC, Police Station Raunahi, District- Faizabad/Ayodhya, during the pendency of trial.
As per the prosecution story, the applicant is said to have been arrested on 28.2.2021 and from his possession, three fake Aadhaar cards in his name but having different date of births i.e 20.9.1976, 1.1.1981 & 9.8.1989, a Nepali passport and other documents have been recovered. The applicant is found to have been taking up WhatsApp chat with Pakistan nationals by using 11 mobile numbers.
Dinesh Kumar Verma, the counsel for the applicant, has stated that he has been falsely implicated in the present case. He has not committed any offence by using the alleged documents. He has no criminal history.
Counsel has further stated that the applicant had gone to Egypt to study where he had made some friends who are Pakistan nationals and he used to chat with them. Nothing incriminating has been found in those chats.
On the other hand, Nirmal Kumar Pandey, AGA for the State, has vehemently opposed the prayer for bail on the ground that the applicant is a citizen of Nepal.
He has further stated that if the applicant had no malafide intention then why was he keeping three forged documents at a time. The applicant had prepared a fake ID in the name of Mohd Salim Ajahari. He is stated to have created an email id with a fake name.
He has further stated that on the basis of a fake Aadhaar card, the applicant had prepared the alleged passport and on perusing his mobile, it was found that he used to talk to various persons of different nationalities.
AGA has also stated that as per the CDR, the location of the applicant was never static at a place but rather used to roam about at various places across the country.
Counsel for the applicant has further stated that the applicant had come from Nepal due to the Maoist insurgency and out of fear, he came to India to the house of his relatives at Shravasti.
Additional Government Advocate has further stated that the applicant keeps roaming various places and he informed the police that his original documents have been kept in his house in Nepal. There are 11 numbers pertaining to Pakistani nationals with whom he was in regular touch. The applicant had even operated the Facebook, Messenger, IMO, WhatsApp etc., with different IDs.
“Considering the rival submissions advanced by the counsel for the parties as well as perusing the material available on record, the Court found that the matter pertains to national security and the applicant is not an Indian national as admitted by the counsel for the applicant also, therefore, I am not inclined to release the applicant on bail”
-the Court observed while rejecting the bail application.
“However, the court below is directed to make an endeavour to conclude the trial and decide the matter expeditiously, if there is no other legal impediment, within a period of one year from the date of production of a certified copy of this order.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the trial judge in forming his independent opinion based on the testimony of the witnesses,” the order reads.
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