Representative picture | Photo Credit: Hind
On Tuesday (August 12, 2025), the Bombay High Court rejected the bail of the abdul Ruf Sardar, accused of illegal entry into India from Bangladesh, and obtaining counterfeit Indian identification documents quoting national security, ongoing investigation and risk.
Justice Amit Borkar, which adopted an order, noted: “In my opinion, the 1955 Citizenship Act is the main and implementation law on nationality decision -making in India today. Only documents such as the Aadhaar card, Pan or Voter ID does not mean that it is an India citizen.
Mr. Sardar Is Facing Charges Punishable Under Sections 335 (Causing Grievous Hurt), 336 (3) Bharatiya Nyaya Sanhita, 2023, Along with Offations Under Sections 3 (A) (Prohibition on without a valid Passport) and 6 (A) (Passport without Passport) Foreigners from 1948.
Defending Jyotiram S. Yadav, who appeared for applicants, claimed that Mr. Sardar is a “Indian citizen in good faith” and that renewed birth certificates are “unverified and do not mention the name of the applicant”. He added that these were received via WhatsApp from an unidentified sender and that the applicant has several valid Indian documents related to tax records, bank accounts and useful services. “There is nothing left of him, and continuing in custody is not serving any useful purpose,” said Mr. Yadav.
Digital evidence
To support the lawsuit, another prosecutor Megha S. Bajoria claimed that the accused “joined the country without a valid permit and illegally resides using counterfeit identity”. She pointed to digital evidence indicating the Bangladeshi origin and claimed that Mr. Sardar’s release could allow him to escape, gain another false identity, or destroy evidence. Mrs. Bajoria also warned against possible references to a “larger organized network involving illegal immigration and identity fraud”.
After reviewing the evidence, Judge Borkar noted that citizenship claims must be strictly tested under the Citizenship Act and that the burden of proof lies in the defendant when credible evidence evokes doubts about nationality. “The accusation in this case is not small. It is not just that it remains in India without permission or exceeding visa. It is the production and use of false and counterfeit identification documents such as the Aadhaar card, Pan and Voter ID to pretend to be an Indian citizen.”
The Court emphasized that the verification of Mr. Sardar Aadhaar’s card and other documents is still waiting with Uidai and other authorities, concluding that release at this stage will not be “neither correct nor sensible”. The judge also remarked: “The danger of the applicant run away from the law or the involvement of the investigation is real.”
The application for bail was rejected, but the court allowed Mr. Sardar to renew the bail request if the court proceedings were not completed within one year.
Published – August 12, 2025 22:51 is
