SHABINA NAZ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant is first application for grant of anticipatory bail to the Applicant. She is apprehending her arrest in connection with Crime No.192 of 2020 registered with Police Station Kotwali, Durg, District Durg for offences punishable under Section 420 of the Indian Penal Code and Section 12(A) of the Passport Act.

(2.) According to the case of the prosecution, the Applicant is a resident of Bangladesh. On 2.1.2006, she came to India after obtaining visa for 15 days. Thereafter, she did not get her visa extended even after expiry of the said 15 days. It is further alleged that she fraudulently obtained passport and visa of India as also an Indian identity card from the office of Election Commission of India and thereby she committed cheating and fraud.

(3.) Shri Goutam Khetrapal, Learned Counsel appearing for the Applicant submitted that the Applicant has been falsely implicated in the case. Even if the case of the prosecution is taken as it is on its face value then also the alleged offences are not made out against the Applicant. The passport and visa of India were issued in her favour after due scrutiny and verification of the record. Referring to the provision of Section 15 of the Passport Act, it was further submitted that without obtaining prior sanction from the competent authority, the police has no authority to investigate into the matter. The Applicant is a lady and presently she is carrying pregnancy and, therefore, there is no likelihood of her absconding. Therefore, she may be granted benefit of anticipatory bail.