Gujarat High Court refuses bail to man who created fake passports and sent people abroad illegally

The Gujarat High Court last month rejected the bail application filed by a man booked for creating fake passports and illegally sending Indian citizens to different foreign countries [Bharatkumar Ramabhai Patel vs State of Gujarat]..Single-judge Justice Nirzar Desai while rejecting bail to Bharatkumar Patel noted that he was deported from United States in 2002 after being convicted for similar offences in 2002."Considering the fact that there are eight antecedents reported against the present applicant in India, 7 convictions in US, prior to his deportation in 2002, would show that he has consistently and constantly indulged into criminal activities. Several similar offences are registered against him at various police stations in India and the same indicates that he has committed similar kind of offences even at various cities in India," the Court said in its October 20 order.The single-judge further said that prima facie, Patel was directly dealing with the victims/ persons desirous to go to foreign countries illegally."Considering the fact that the allegations against him are about creating forged passports and fabricated visa stickers of various foreign countries as well as it is coming out from the statement of various witnesses, prima facie, it seems that he is having contacts all over the world and therefore, looking to the fact that he was illegally sending people to foreign countries and successfully allowing them to cross the border, there are all the chances that if the present applicant is enlarged on bail, he may utilize his international contacts for himself and may fly away," the Court opined..As per the plea, the accused had been in custody from December 2022. He was initially booked under the Gambling Act and while his bail plea was pending adjudication, the Ahmedabad Police registered another case against him under relevant provisions of the Passport Act of 1967 and the Indian Penal Code (IPC). He was later granted bail in the Gambling Act case in January this year but continued to remain in custody owing to the case under Passport Act and IPC. He then moved the present bail plea.Justice Desai in his order noted that ₹1.5 crore was transferred at various point of time by way of 75 different transactions in Patel's name. This showed the magnitude of the offence, the judge said."I have considered the fact the applicant was deported in 2002 and before deportation he was convicted in as many as 7 offences even in US. Even after his deportation, it seems he has been indulging in criminal activities as several criminal offences are registered against him at regular intervals," the Court stated while dismissing the bail plea..Senior Advocate ND Nanavaty along with Advocates Mukesh Kumar Sudarshan and Hetu M Sudarshan appeared for the accused.Additional Public Prosecutor Manan Mehta represented the State..[Read Order]