In a case highlighting concerns over identity fraud and cross-border crime, the Karnataka High Court has denied bail to a man accused in a human trafficking case after finding evidence that he obtained a passport using a fake Aadhaar card and travelled to Bangladesh 5 times.
The division bench of Justice H P Sandesh and Justice Venkatesh Naik T dismissed the appeal filed by Amol Chandra Das @ Amol Das @ Sujib, who is accused by the National Investigation Agency. He faces charges under Sections 370(3) and 120B of the IPC, Sections 14, 14(A)(B), and 14(C) of the Foreigners Act, and Section 3 of the Passport (Entry Into India) Act, 1920, read with Rule 6 of the Passport (Entry into India) Rules, 1950.
Opposing the bail plea, Special Public Prosecutor P Prasanna Kumar told the court that the Aadhaar card produced by the accused was fabricated and dated 18.12.2017. He also submitted that another Aadhaar card in the same name, bearing the same date, carried a different address. One showed an address in Bengaluru, while the other mentioned Assam. He further pointed out that the photograph was inserted while obtaining the Aadhaar card.
“There cannot be two Aadhar cards issued at Karnataka and another at Assam on the very same day,” the prosecutor argued.
The prosecution also questioned the authenticity of the birth certificate produced by the accused, stating that verification showed the signature was not that of any registered doctor, making it a fabricated document. The NIA added that the accused had travelled to Bangladesh 5 times, which, according to the agency, clearly established his nationality and links to cross-border human trafficking.
The NIA further contended that granting bail could allow the accused to flee the country, posing a serious risk to the investigation.
After examining the records, the bench observed, “In the case on hand, the appellant is a Bangladeshi national and the material available on record clearly discloses with regard to the alleged creation of document of Aadhar card on the same day at Karnataka as well as Assam and on perusal of the same, it discloses insertion of photo and obtaining the Aadhar Card and passport is also obtained based on those documents and travelled five times to Bangladesh.”
Declining relief, the court held, “Hence, there is a force in the contention of the learned Special Public Prosecutor for the respondent that, if relief is granted to the appellant, there are chances of fleeing away from justice. Hence, we do not find any ground to grant the relief as sought.”
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