Allahabad High Court

CHHOJER BHARCHIN ALIAS CHANJAN ALIAS CHOCHO ALIAS CHANDRAversusSTATE OF U.P.

Decided: 11 January 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court granted bail to the applicant subject to a personal bond, sureties and conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Chhojer Bharchin (alias Chanjan, Chocho, Chandra) who was in custody for offences under Sections 318(4), 319(2), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12(1)A of the Passport Act. The applicant claimed innocence, asserting that the passports in question were legitimately issued and that he had no prior criminal record, while the prosecution alleged that he used forged Indian identity documents to obtain passports and committed cyber‑fraud. The court examined the charge sheet, the material evidence including recovered forged documents, and the risk of evidence tampering or witness intimidation. It noted that the charge sheet had been filed, custodial interrogation was no longer required, and the applicant had cooperated with the investigation. Balancing the seriousness of the alleged offences against the applicant’s lack of antecedents and the absence of a clear flight risk, the court allowed the bail application with a personal bond, sureties, and strict conditions.

Issues considered

Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Passport Act.
Whether the prima facie case established by the charge sheet justifies denial of bail.
Whether the applicant poses a risk of tampering with evidence, intimidating witnesses, or committing further offences if released on bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2)
Passport Act — s. 12(1)A

Subjects

bail
passport fraud
forged documents
cyber fraud
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
witness tampering
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30987 of 2025

Chhojer Bharchin Alias Chanjan Alias Chocho
Alias Chandra .....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Pandey Balkrishna
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Pandey Balkrishna, learned counsel for the applicant, Shri
Yagyavalk Pandey, learned AGA for the State-respondents and perused the
record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Chhojer
Bharchin Alias Chanjan Alias Chocho Alias Chandra, seeking enlargement
on bail in Case Crime No. 505 of 2024, under Sections 318 (4), 319 (2),
338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 12
(1) A of Passport Act, Police Station Surajpur, District Gautam Budh Nagar,
during the pendency of the trial before the Court below. The bail application
of the applicant before the Court below was rejected by the learned Ist Addl.
Sessions Judge, Gautam Budh Nagar vide order dated 11.3.2025 and the
applicant is languishing in jail since 12.9.2024.

Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number. The
FIR giving rise to the instant case crime number has been lodged with the
allegation that the informant, who is a police personnel, while carrying on
the instructions of his seniors to initiate proceedings against the persons who
prepare forged documents and on that basis prepare documents of Indian
Nationals to obtain passports etc., apprehended the applicant, who disclosed
his name as Chandra Thakur. During questioning the applicant revealed that
he was a Tibetan National and residing in India on a forged name Chandra
BAIL No. 30987 of 2025
2

Thakur. Several incriminating information was revealed from the WhatsApp
chats of the applicant. During the course of investigation, two passports,
forged voter ID card, PAN card, Aadhar Card, 02 ATM, one combodian
SIM card and two mobile phones have been recovered from the possession
of the applicant.

Learned counsel for the applicant submits that Ist passport bearing No.
L1997673 was issued on 2.5.2013 and was valid up to 1.5.2023. The 2nd
passport bearing No. Y2865204 was issued after the expiry of the earlier
passport. The issuance of the passport has been authenticated by the Ministry
of External Affairs, Government of India and it is not a case where the
applicant has produced forged documents to get a passport. The particulars
disclosed in the passport are the same. No offence under Sections 318 (4),
319 (2), 338, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023 and
Section 12 (1) A of Passport Act can be said to be made out against the
applicant. The applicant has been residing in India since 2013 and has
travelled to several countries on the passport issued to him. The applicant
has no criminal antecedents. The charge sheet against the applicant has
already been filed and the custodial interrogation of the applicant is no
longer required. The applicant is incarcerated in jail since 12.9.2024 and
undertakes to cooperate in the trial and not misuse the liberty of bail. Hence,
bail has been prayed for.

Per contra, learned AGA has vehemently opposed the prayer for bail by
submitting that the applicant is resident of Tibet and on the basis of forged
and fictitious documetns in the shape of India ID, Aadhar card, PAN card
has got issued Indian Passport. The applicant while living in India used to
commit cyber fraud and the investigating officer after investigating and
collecting credible evidence has submitted charge sheet against the
applicant. If released on bail, the applicant is likely to misuse the liberty of
bail. Learned AGA, however, could not dispute the fact that the applicant
has no criminal history.

Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
BAIL No. 30987 of 2025
3

Accordingly, the bail application is allowed.

Let the accused-applicant, Chhojer Bharchin Alias Chanjan Alias
Chocho Alias Chandra, involved in above mentioned case crime number
be released on bail, on his executing a personal bond and two reliable
sureties each, in the like amount to the satisfaction of the court concerned,
subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.

In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)
January 12, 2026
Ravi Prakash

Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad

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