Neutral Citation No. - 2025:AHC:28915 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42610 of 2024 Applicant :- Altaf Alias Altu Kaka Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sikandar Khan, learned counsel for the applicant and Shri Rakesh Shukla, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 173 of 2024, under Sections 420, 467, 468, 471, 34 IPC and Section 14A, 14 of Foreign Subject Act, 1946, Police Station Kaushambi, District Ghaziabad. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by the Station House Officer of police station concerned, against five persons, not including the applicant, alleging that some foreign currencies were recovered from them and they confessed that they are citizens of Bangladesh and they are involved in committing fraud and other offences. During investigation, the Investigating Officer arrested the applicant and co-accused Mohammad Surat. It is alleged that Bangladeshi identity card and some other Bangladeshi documents of co-accused Sabir were recovered from the possession of the applicant. 4. In the affidavit filed in support of the bail application that the applicant is innocent and he has no criminal history. 5. The State has filed a counter affidavit opposing the bail application but no material collected during investigation has been connected therewith. 6. Learned counsel for the applicant has submitted that the investigation stands completed and the Investigating Officer has submitted charge-sheet against the applicant for offence under Section 14-A of the Foreigner Act only. 7. Section 14-A of the Foreigners Act, 1946 provides as follows:- "14-A. Penalty for entry in restricted areas, etc.----------whoever------------- (a) enters into any area in India, which is restricted for his entry under any order made under this Act, or any direction given in pursuance thereof, without obtaining a permit from the authority, notified by the Central Government in the Official Gazette, for this purpose or remains in such area beyond the period specified in such permit for his stay; or (b) enters into or stays in any area in India without the valid documents required for such entry or for such stay, as the case may be, under the provisions of any order made under this Act or any direction given in pursuance thereof, shall be punished with imprisonment for a term which shall not be less than two years, but may extend to eight years and shall also be liable to fine which shall not be less that ten thousand rupees but may extend to fifty thousand rupees; and if he has entered into a bond in pursuance of clause (f) of Sub-section (2) of Section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid by him." 8. There is no allegation that the applicant was arrested from any restricted area. The applicant possesses an Indian passport and there is no allegation of that passport being forged. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid facts and that the applicant is languishing in jail since 20.04.2024, and without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Altaf @ Altu Kaka be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 28.2.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad