01Facts
The petitioner, a foreign national, filed an application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in connection with Daragha Bazar P.S. Case No. 39 of 2025
p. 1The petitioner is accused of abetting the suicide of the deceased by blackmailing her for money following a relationship
p. 2Procedurally, the Investigation Officer (IO) submitted a charge sheet alleging that the petitioner had been overstaying in India since April 2020 without valid documents and had forged his passport and visa
p. 1, 4The petitioner contended that the allegations were concocted and that the SIM card used for the alleged blackmail was not recovered from him
p. 2The State and Informant opposed bail, citing a suicide note naming the petitioner and evidence from the Foreigners Regional Registration Office (FRRO) indicating the petitioner’s visa was forged and belonged to another individual
p. 3, 502Issues
i.Whether the petitioner is entitled to bail under Section 483 of the BNSS considering the gravity of the offenses and his status as a foreign national with allegedly forged travel documents
pp. 4-503Law Applied
The court primarily considered Section 483 of the BNSS, 2023, which governs the High Court's power to grant bail
p. 1It applied provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 108 (Abetment), 318(4) (Cheating), and 336 (Forgery)
p. 1Furthermore, the court relied on Section 67/67-A of the IT Act regarding electronic blackmail, and Sections 12(1)(d) and 12(1)(a) of the Passports Act, 1967, alongside Sections 22 and 23 of the Immigration and Foreigners Act, 2025, concerning the illegal stay and use of forged documents by foreign nationals
p. 2, 3Provisions in the judgment · 13 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 78Section 108Section 308Section 318Section 319Section 336Section 338Section 340
Information Technology Act, 2000 Section 67
Passports Act, 1967 Section 12
Immigration and Foreigners Act, 2025 Section 22Section 23
04Reasoning
The court weighed the nature and gravity of the accusations against the petitioner’s plea for liberty.
It observed that the deceased’s suicide note specifically mentioned a SIM number that was subsequently tracked and recovered from the petitioner
p. 4The court found significant weight in the IO's report, supported by the FRRO Hyderabad, which confirmed that the petitioner’s Visa (No. VJ5038102) was a forged document belonging to another foreigner
pp. 4-5The court reasoned that the petitioner’s conduct—specifically overstaying in India since 2020 through impersonation and forgery—indicated a high risk of absconding
pp. 3-4It determined that the prima facie involvement in abetment of suicide, coupled with the lack of valid travel documents, made it "hazardous" to grant bail as there was no guarantee the petitioner would appear for trial
pp. 3-405Holding
The court answered the issue in the negative and rejected the bail application
p. 5It held that given the gravity of the offenses, the evidence of forgery, and the petitioner's status as an illegal immigrant, bail could not be granted
pp. 4-5The application (BLAPL) was disposed of with a direction to transmit the order to the concerned trial court
p. 5Original Court PDF
DJEDJE RAYMOND @ CHIJOKE OKOYEvsSTATE OF ODISHA
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