2025:UHC:4060 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/675/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. Manoj Joshi, learned counsel for the applicant through V.C. 2. Mr. Pankaj Joshi, learned A.G.A. for the State. 3. Present applicant- Shanto Vishwas, S/o Narayan Vishwas is praying for regular bail in relation to FIR dated 19.10.2024 registered as FIR No.0208 of 2024 at P.S. Prem Nagar, District Dehradun wherein the present applicant has been implicated for the offences punishable under Section 3 of Passport Act, 1920 and Section 14 of the Foreigners Act, 1943. 4. It is contended by the learned counsel for the applicant that applicant is in fact residing in India since 2008 and thereafter an FIR was lodged against him implicating under the provisions of Indian Penal Code particularly for the offence punishable under Section 376 IPC and till such time the investigation of the FIR was concluded this fact was not brought by the investigating agency while submitting charge sheet that the applicant is not the Indian citizen. Apart from this, he submits that the applicant’s parents were also implicated in another case, i.e, case crime no. 353 of 2024 for the offence punishable under Section 14 of Foreigners Act 1946 and both of them were enlarged on bail by the Addl. C.J.M. Haldwani. 5. Learned counsel for the applicant submits that now in the instant FIR the applicant has been implicated for the offence punishable under Section 3 of the Passport Act as well as under Section 2025:UHC:4060 14 of the Foreigners Act 1946 with the allegation that in fact the applicant is not an Indian citizen and he is illegally residing in India and two years back he found to be involved in a criminal case for the offence relating to Section 376 IPC. He submits that the applicant has a right to life and liberty as protected by the Constitution of India particularly keeping in view this aspect that he is residing in India since 2008. He further submits that applicant is residing since 2008, therefore, he is entitled to get mercy and should not be detained in jail and should be released on bail. He further submits that applicant is languishing in jail since 19.10.2024. 6. On the other side, the learned A.G.A. vehemently opposed the bail application by submitting that the applicant is not the citizen of India, therefore, is not entitled to get protection under the Constitution of India and this protection is only meant for those who were migrated to India from Pakistan to get right of citizen. He further submits that admittedly present applicant is not the citizen of India and is residing in India without any passport and visa and it is a very serious issue and not only this during this period he also involved in another crime relating to very serious offence i.e. Section 376 IPC. He further submits that after collecting all credible evidences the charge sheet has been filed and since the present applicant is not a citizen of India, therefore, the applicant should not be enlarged on bail. 7. After hearing the arguments of the learned counsel for the parties and further taking into consideration that the applicant is living in India illegally without any passport and visa and not only this during this period he also involved in a criminal offence of 376 IPC, 2025:UHC:4060 this Court is of the view that applicant does not deserve for bail. 8. Accordingly, bail application is rejected. (Rakesh Thapliyal, J.) 16.05.2025 Parul