Safiya Malik

The High Court of Judicature at Allahabad, Lucknow Bench of Justices Rajesh Singh Chauhan and Abdhesh Kumar Chaudhary on Monday granted bail on the ground of parity to an accused in a 2023 case registered by the Uttar Pradesh Police’s Anti-Terrorist Squad (ATS) for allegedly forging identity documents and facilitating illegal border-crossing for Bangladeshi nationals. The Court set aside the Special NIA Court’s orders rejecting bail and directed the appellant’s release on terms similar to those granted to co-accused who had earlier secured bail from the High Court and the Supreme Court. The bench observed that the appellant’s alleged role and circumstances warranted the same relief as extended to others in the case.

The case arose from a 2023 First Information Report registered at the Anti-Terrorist Squad (ATS), Gomti Nagar, Lucknow, under Sections 120-B, 419, 420, 467, 468, 471, and 370 of the Indian Penal Code, Section 14-C of the Foreigners Act, 1946, and relevant provisions of the Passport Act. The prosecution alleged that the accused persons were involved in facilitating the illegal entry and settlement of Bangladeshi nationals in India by forging documents and accepting money in return. It was further alleged that the accused assisted in arranging accommodation and resources for these foreign nationals and that some of the funds collected were diverted toward activities detrimental to national interest.

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The present appellant, described as a rickshaw puller, was accused of transporting unauthorized persons from the Bangladesh border to West Bengal. The appellant denied all allegations and sought bail under Section 21(4) of the National Investigation Agency Act, 2008. Counsel for the appellant contended that the accused had no criminal antecedents and was similarly placed as other co-accused who had already been granted bail by coordinate benches of the High Court and by the Supreme Court. The State opposed the plea, citing the nature of the allegations and the purported involvement of the appellant in the broader network under investigation. The Court considered the evidence placed on record, including the FIR, charge sheet, and the previous bail orders of co-accused persons, to determine whether parity could be extended to the present appellant.

The Bench observed that “while allowing the appeal as well as the bail to co-accused person, namely, Adil Ur Rahman vide order dated 13.10.2025 in Criminal Appeal No. 2541 of 2025, the reference of the order of other co-accused persons has been indicated in the said order, who have been granted bail.”

It further recorded that “the role attributed to the present appellant-applicant is of a rickshaw puller of e-rickshaw thereby, he has brought some unauthorized persons from border of Bangladesh to West Bengal.” The Court noted the submission that “he is having no criminal history of any kind whatsoever and, therefore, he may be given parity with the other co-accused persons.”

The order also cited that “the Hon’ble Apex Court has granted bail to co-accused person, namely, Shekh Nazibul Haque while allowing his appeal vide order dated 08.10.2025… taking into consideration all the attending circumstances and the period spent by the appellant in custody, but without expressing any opinion on the merits.”

The Bench recorded that “the learned counsel for the present appellant is having no criminal history of any kind whatsoever. He undertakes on behalf of the present appellant that he shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order and shall cooperate in the trial proceeding properly.”

It was also observed that “learned Additional Government Advocate could not dispute the fact that the co-accused, Kafiluddin, who is a citizen of Bangladesh, has already been granted bail by this Court.”

The Court noted that “on the basis of principles of parity, the present appellant is entitled to be released on bail on the same terms and conditions which have been imposed by this Court in the order dated 13.10.2025… as well as the condition of order dated 08.10.2025 in Re: Shekh Nazibul Haque.”

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The Court ordered: “In view of the above, the impugned orders dated 24.07.2024 and 06.02.2025, whereby the appeal of the present appellant-applicant was rejected, are hereby quashed.”

“Accordingly, the bail application is allowed. It is made clear that the present appellant-applicant is entitled to be released on bail on the same terms and conditions which have been imposed by this Court in the order dated 13.10.2025 (supra) while granting bail to four co-accused persons as well as the condition of order dated 08.10.2025 in Re: Shekh Nazibul Haque (supra) on the same terms and conditions.”

“Let the present appellant-applicant be released on bail on furnishing personal bond and two reliable sureties of the like amount with the conditions that he shall attend hearings, not commit similar offences, not tamper with evidence, and surrender his passport to the Special Court.”

Advocates Representing the Parties

For the Appellant: Sri Taha Chisti, Advocate holding brief of Sri Arun Sinha, with Sri Ram Chandra Singh and Sri Siddhartha Sinha
For the Respondents: Sri Umesh Verma, Learned A.G.A.

Case Title: Bikram Roy v. State of Uttar Pradesh & Another

Neutral Citation: 2025: AHC-LKO:68825-DB
Case Number: Criminal Appeal No. 3464 of 2025
Bench: Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary