Forgery case: Allahabad HC grants bail to Pakistani woman living in India for over 35 years

The Allahabad High Court has granted bail to a Pakistani woman, who has been living in India for more than 35 years on the basis of a long-term visa, in a case accusing her of forging identity documents to stay in the country [Saba Masud v State of UP].

In an order passed on August 5, Justice Krishan Pahal said there was no evidence to indicate the alleged forgery or fraud by the accused and thus ordered her release.

"Taking into consideration the fact that the applicant has been residing in India for more than 35 years on the basis of a valid long-term visa and residential permit granted by the competent authorities and that no material has been brought on record to indicate that she committed any forgery/fraud, prima-facie, the Court is of the view that the applicant has made out a case for bail," the Court said.

The accused Saba Masud was arrested in February by Meerut police, after a complaint was filed alleging that she was residing illegally in India along with her daughter on the basis of forged documents.

The complainant said that the accused was married to an Indian national and had given birth to the daughter in Pakistan. She added that the mother-daughter duo had entered India on Pakistani passports. She even claimed that Masud's father was an ISI agent.

Seeking bail in the case, Masud's counsel said the case was registered as a result of a business dispute between her and the complainant.

He said Masud had got married to an Indian national in Lahore in 1986 and their daughter's passport clearly mentions that her father is an Indian national and thus there was no concealment.

The Court was also told that Masud's current visa and residential permit are valid till 2027 and that her application for Indian citizenship has been pending since 2010. Even district magistrate Meerut had recommended grant of citizenship to her, it was submitted.

The counsel denied allegations of any forgery, stating that she had not obtained any voter ID or SIM card in India. The Court was also told that her husband was granted anticipatory bail by a co-ordinate bench on April 27.

In response, the State said the accused had "misused her residence" in Meerut and travelled to several places, including Deoband, Muzaffarnagar and Aligarh.

However, Court said the State could not bring on record any other relevant document indicating that any fraud had been committed by the accused. Consequently, it ordered her release from custody.

Senior Advocate NI Jafri, with Advocate Mohd Aslam, appeared for the accused.

Advocate Kuldeep Kumar appeared for the government. Advocate Kartikay Agarwal appeared for the complainant.

Read Order]