Orissa High Court
Yaya Khan @ Mohammad vs State Of Odisha … Opposite Party on 23 March, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11077 of 2025
(In the matter of application under Section 483 of the
BNSS, 2023).
Yaya Khan @ Mohammad ... Petitioner
Yousuf
-versus-
State of Odisha ... Opposite Party
For Petitioner : Mr. J.S. Samal, Advocate
For Opposite Party : Mr. C. Mohanty, Addl. PP
CORAM: JUSTICE G. SATAPATHY
DATE OF HEARING & DATE OF JUDGMENT: 23.03.2026 (ORAL)
G. Satapathy, J.
1. This is the bail application U/S.483 of the BNSS
by the petitioner for grant of bail in connection with
Airport P.S. Case No.192 of 2025 corresponding to C.T.
Case No.1043 of 2025 pending in the Court of learned
JMFC (Cog. Taking-V), Bhubaneswar, for commission of
offence punishable U/Ss.338/339/340/336(2) of BNS
r/w.Sec.12/14/14-A of Foreigners Act.
2. As per the allegation, the petitioner, who was
detained at the Bhubaneswar, Airport after his arrival
from Dubai in Flight No.6E-1448, was found upon
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BLAPL No.11077 of 2025
immigration verification to be an Afgan National having
Afgan passport No. 0247655 and his original name to be
Mohammad Yusuf, however, the passport/document
shown by him discloses him to be Yaya Khan, S/o- Moti
Khan, DOB- 20.05.1971, PP No. U1380251 with address
Peyton Sahi, Buxibazar, Cuttack-753001, Odisha which
is found to be false and he had allegedly been staying in
India with forged and fabricated documents since
25.10.2018. On this fact, FIR was lodged and the
petitioner was taken into custody landing him before this
Court in this bail application.
3. Heard Mr. Jeet Swarup Samal, learned counsel
for the petitioner and Mr. C. Mohanty, learned Addl. PP
in the matter and perused the record.
4. After having considered the rival submissions
upon perusal of record, there appears allegation against
the petitioner that he is an Afgan National and he by
deliberate concealment of his original identity as
Mohammad Yousaf is un-authorizedly staying in India by
describing himself as Yaya Khan, a resident of Peyton
Sahi, Cuttack with allegedly fake and forged passport.
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BLAPL No.11077 of 2025
Besides, it is stated in the FIR that the petitioner was
allegedly found with Aadhaar Card, PAN Card, Driving
License and certificate of Registration of Motor Cycle No.
OD-05-AV-3286 at the time of his detention at Airport
and all these documents are in the name of Yaya Khan.
5. In the circumstance, the allegations raised
against the petitioner are not only limited to a mere
technical violation of immigration norms, but also
indicate a case of deliberate concealment of identity and
creating forged documents to obtain benefit of Indian
citizenship to stay in India, however, the law makes a
clear distinction between the lawful citizens and illegal
migrants, but persons falling in the category of illegal
migrants are prohibited to stay/reside in India without
valid passport and visa. There is in fact allegation
against a person like the petitioner in this case for
forging passport, which is evident from the reply from
Foreigners Regional Registration Office, Bureau of
Immigration, Hyderabad vide its office letter dated
18.09.2025 that the passport No.U1380251 and
passport No.02457655 belongs to same person i.e. Yaya
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BLAPL No.11077 of 2025
Khan @ Mohammad Yousaf and both Yaya Khan @
Mohammad Yousaf are single individual and the accused
petitioner had arrived to Delhi, India through Afghan
passport No.02457655 on 25.10.2018. It is not out of
place to mention here that Section 9 of Foreigners Act,
1946 provides that if there appears credible evidence
before the Court raising a reasonable suspicion that the
person is not an Indian citizen, the burden of proof shifts
to that person to establish that he is not a foreigner and
in this case, it is alleged that the petitioner being an
Afghan National is un-authorizedly staying in India by
forging Indian passport. This Court at this stage of
consideration of bail does not decide the probative value
of the documents, but the petitioner has been alleged to
be possessing an Afghan passport as well as Indian
passport, which was claimed to be forged, but the
petitioner was also found with some Indian documents
like Aadhaar Card, PAN Card and Driving License etc. in
the name of Yaya Khan and the said documents cannot
be ignored at this stage only to grant benefit of bail to
the petitioner. Since it is alleged that the petitioner is
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BLAPL No.11077 of 2025
having forged passport, this Court has reasonable
apprehension that the petitioner may abscond once he is
released on bail.
6. On the other hand, the petitioner although is
said to have been issued with Indian documents, but it
could not be established by him that he is an Indian
citizen, however, merely because the petitioner is having
some Indian documents such as Aadhaar Card, PAN
Card and Driving License, the same cannot be treated as
sufficient proof of his lawful citizenship at this stage,
especially when he is allegedly found in possession of
fake passport and the presumption as available under
Section 9 of Foreigners Act, 1946. In view of the
aforesaid facts and circumstances and taking into
account the nature and gravity of the offences as alleged
against the petitioner vis-à-vis the accusation sought to
be brought against him and regard being had to the
materials placed on record and the petitioner being
allegedly found with forged Indian passport and he being
allegedly an Afghan National staying in India without any
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BLAPL No.11077 of 2025
valid passport and visa, this Court does not consider it
prudent to grant bail to the petitioner.
7. Hence, the bail application of the petitioner
stands rejected. Accordingly, the BLAPL stands disposed
of. A copy of this order be immediately transmitted to
the learned Court in seisin over the matter.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 23rd day of March, 2026/S.Sasmal
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA SASMAL
Designation: Jr. Stenographer
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Reason: Authentication
Location: High Court of Orissa
BLAPL No.11077 of 2025
Date: 25-Mar-2026 13:58:28