The Bombay High Court on Thursday denied anticipatory bail to Ghanshyam Kushawaha, an agent accused of creating counterfeit UAE tourist visas for three people to bypass the Protector of Emigrants (POE) clearance, thus defrauding the government.
Justice RN Laddha, while rejecting Kushawaha’s bail plea and emphasising the gravity of the crime, said,” These unlawful activities not only pose significant threats to national security and public safety but also undermine the integrity of the legal procedures. The investigation of such a crime necessitates the highest level of seriousness and diligence, particularly when the accused have gone into hiding to evade investigation. Moreover, the release of such offenders on pre-arrest bail would jeopardise the source of effective investigation.”
Kushawaha, originally from Uttar Pradesh’s Deoria, was implicated after three men were caught at the Mumbai airport attempting to fly to the UAE using forged tourist visas. A probe revealed the documents were altered to evade mandatory POE clearance. Investigators determined Kushawaha provided the fraudulent documents.
Additional Public Prosecutor Arfan Sait opposed the bail request, arguing that Kushawaha’s actions not only violated immigration laws but also involved altering government-issued documents. Sait pointed out that Kushawaha had been absconding since the case was registered and was not cooperating with the investigation.
The court agreed with the prosecution, calling Kushawaha the “linchpin” of the forgery and stressing the severity of such offences, which are often tied to illegal immigration, human trafficking, and fraud. “The applicant seems to be the source of the forgery and the linchpin in the commission of the offence. The possibility of there being similarly circumstanced victims is also imminent. Forging and unlawfully converting visas are a severe offence with significant and far-reaching consequences,” the court said.
Given the serious nature of the crime, the court ruled that custodial interrogation was necessary and denied the bail plea.
