Allahabad High Court Grants Bail in Forgery Accusation
The Allahabad High Court has granted bail to Saba Masud, a Pakistani national who has resided in India for over 35 years, amidst allegations of document forgery to maintain her stay in the country. The decision, delivered by Justice Krishan Pahal on August 5, underscores the absence of evidence against Masud, leading to her release. The case, titled Saba Masud v State of UP, highlights significant legal considerations concerning long-term residency and alleged forgery.
Justice Pahal noted that Masud has been living in India under a valid long-term visa and residential permit issued by competent authorities. The Court found no material evidence suggesting any forgery or fraud. As a result, it was determined that Masud had established a prima facie case for bail. “Considering that the applicant has resided in India for more than 35 years with appropriate documentation, and no substantial evidence of forgery has been presented, the Court is inclined to grant bail,” the order stated.
Details of the Case
Masud was taken into custody by the police in Meerut in February following allegations that she was living in India illegally with her daughter, using forged documents. According to the complaint, Masud married an Indian citizen and gave birth to her daughter in Pakistan, subsequently entering India on Pakistani passports. The complainant further alleged that Masud’s father had connections with the ISI.
Representing Masud, her counsel argued that the accusations stemmed from a business conflict with the complainant. It was asserted that Masud married her Indian husband in Lahore in 1986, and their daughter’s passport clearly indicates her father’s Indian nationality, negating any claims of concealment. Additionally, Masud’s visa and residential permit are valid until 2027, and her citizenship application has been pending since 2010, with a recommendation for citizenship from the district magistrate of Meerut.
Legal Arguments and Court’s Response
The defense denied any forgery allegations, emphasizing that Masud had not procured a voter ID or SIM card fraudulently in India. It was also noted that her husband received anticipatory bail from a different bench on April 27. Conversely, the State argued that Masud had “misused her residence” in Meerut by traveling to locations such as Deoband, Muzaffarnagar, and Aligarh without authorization. However, the Court found the State’s claims unsubstantiated, as no documents or evidence were presented to support the accusations of fraud.
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Senior Advocate N.I. Jafri, alongside Advocate Mohd Aslam, represented Masud, while Advocate Kuldeep Kumar appeared for the government, and Advocate Kartikay Agarwal represented the complainant.
