Neutral Citation No. - 2025:AHC:13226 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38353 of 2024 Applicant :- Akhimunshi @ Madhu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal Ansari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed on behalf of the learned counsel for the applicant is taken on record. Heard Shri Mohd. Afzal Ansari, learned counsel for the applicant and Shri Jai Kishan Chauraisa, learned A.G.A. on behalf of the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Akhimunshi @ Madhu Singh, seeking enlargement on bail in Case Crime No. 332 of 2024, under Sections 14-A of the Foreigners act and Section 61 (2) of the B.N.S. Police Station-Kalyanpur, District Kanpur Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 24.07.2024. The applicant is not named in the First Information Report dated 21.07.2024 and her name has been surfaced in the statement of main accused Najma in which she has said that the applicant has taken her from Bangladesh to Lucknow via river. He further submits that the named accused namely Reena and Jyoti have been granted bail by the District And Sessions Judge, Kanpur Nagar vide order dated 16.08.2024. There is no credible evidence against the applicant which supports the prosecution version. She is of no criminal antecedent. Learned counsel for the applciaht has placed reliance upon a judgemnt of Hon'ble Apex Court passed in Criminal Appeal Nos. 2814 and 2815 of 2024, Frank Vitus vs. Narcotics Control Bureau and others. There is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the bail application by submitting that the main accused Najma, in his statement has said that the with the help of applicant she has entered into India from Bangladesh. Learned A.G.A. further submits that the applicant herself is resident of Bangladesh and she has been caught illegally staying in Indian territory without any vaild passport or Visa. The main accused Najma @ Pooja in her statement under Section 161 Cr.P.C. has stated that she is a Bangladeshi citizen and entered in India secretly via river for job. The applicant herself is a Bangaledeshi citizen and she is living in India without any valid visa. The offence is grievous in nature hence the bail application of the applicant is liable to be rejected. Considering the aforesaid facts, circumstances, statements of the main accused, heinousness of offence of infiltration, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail. Accordingly, this Bail Application stands rejected. Order Date :- 21.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad