IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of December 2009 Ist Bail Application No.388 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rahbar Ali ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 15, 2009 ____________________________________________________________________ Arising out of Case Crime No.459/2008 Under Section 14 of Foreigners Act and Section 12 of Passport Act and Section 4 of the Passport Entry into India Act, P.S. Kotwali Roorkee, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Navneet Kaushik, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and also perused the record. As per the prosecution story on 4.11.2008 the applicant alongwith four co-accused persons was apprehended by the Police. The applicant-accused and co-accused persons were Bangladeshi. When they were asked to show their identity card/visa they could not show it. The accused persons admitted that they are living in India from a long time by changing their addresses. They stated that they entered into India through Agartala Border. The FIR of the said incident was lodged on the same day at 10:50 PM. Learned counsel for the applicant has submitted that the applicant is a resident of India since birth and has been mistakely picked up as an illegal Bangladeshi Migrant. Counter affidavit has been filed by the State denying the fact that the applicant is a permanent resident of India. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR and the other documents available in file, I do not find any ground to release the applicant on bail. The bail application is accordingly rejected. (Dharam Veer, J.) 15.12.2009 RG