Court grants bail to woman accused of being ‘illegal Bangladeshi immigrant’

A Thane sessions court has granted bail to a woman arrested on allegations that she is a Bangladeshi national who entered and lived in India illegally

MUMBAI: A Thane sessions court has granted bail to a woman arrested on allegations that she is a Bangladeshi national who entered and lived in India illegally. The court held that the documents produced by her raise serious doubts about the prosecution claims .

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The accused, Hasina Anwar Fakir, also known as Hasina Ramzan Khan, was arrested for allegedly crossing the India-Bangladesh border without valid documents and residing in Thane without legal authorisation. In her bail application, she submitted several documents, including a birth certificate, Aadhaar card and a rent agreement, claiming that she is an Indian citizen and a permanent resident of Thane.

The court noted that these documents “create substantial doubt about the prosecution’s foundational allegation” and observed that “if genuine, the entire case under the Foreigners Act collapses”.

Hasina was arrested on February 28, in a case registered at Shil Daighar police station under various provisions of the Passport Act, which regulates travel documents, and the Foreigners Act, which deals with the entry and stay of non-citizens in India.

While opposing her bail plea, the prosecution cited national security concerns, but added that if the documents produced by the accused were found to be genuine, they would have to be taken into account.

Additional sessions judge VL Bhosale, after hearing both sides and examining the case material, said the key issue at the bail stage was whether the applicant had shown initial evidence of being an Indian national. The court observed that a birth certificate is a primary document for establishing nationality, and that the Aadhaar card and rent agreement indicated that she was permanently residing in Thane with her husband.

The judge clarified that a final determination on the authenticity of the documents was not required at this stage. For the purpose of deciding bail, the documents were sufficient to weaken the prosecution’s claim that the woman was a foreign national.

The court also noted that two co-accused, Hasina’s husband, Ramzan Haroon Khan, and another accused, Ariful Afsar Shaikh, had already been granted bail in the same case. Referring to an earlier ruling of the Supreme Court the judge said that the accused deserve similar treatment unless there are specific reasons to justify a different approach.

The court found that the risk of the accused absconding was minimal, pointing out that she has a permanent address, no prior criminal record, and was willing to furnish sureties. Since the chargesheet has already been filed, the court held that her continued detention was not necessary.

The judge reiterated, “...the basic rule is to release an accused on bail unless there are circumstances suggesting the possibility of fleeing from justice or thwarting justice… Deprivation of liberty must be considered punishment unless required to ensure trial attendance.”

The court directed that the woman be released on a personal bond of ₹50,000 with sureties. The bail comes with conditions, including a weekly attendance at the Shil Daighar police station for a month, not leaving India without the court’s permission, surrendering her passport, cooperating with the trial, and not tampering with evidence or committing any offence while on bail.