Delhi High Court Rejects Anticipatory Bail in Rs 35 Lakh Fake Visa Racket, Highlights Damage to India's Global Standing
The Delhi High Court has delivered a significant ruling by dismissing an anticipatory bail plea in a case involving a sophisticated illegal migration racket that utilized forged travel documents. Justice Swarana Kanta Sharma emphasized that such activities extend beyond private disputes, directly impacting India's reputation within the international community.
Court's Stern Stance on Illegal Migration Networks
While considering the bail application, the court underscored that illegal migration facilitated through forged documents carries serious international implications. The order stated clearly that this conduct exposes participants to substantial risks while simultaneously tarnishing the country's global standing. The petitioner's failure to cooperate with investigators further weighed heavily against granting any relief.
Unraveling a Well-Coordinated Cross-Border Operation
Investigations revealed a meticulously organized network of agents operating across multiple jurisdictions. The case originated when immigration authorities detected tampering in a passenger's passport upon arrival from the United States, with a counterfeit Schengen visa affixed inside. Subsequent probe uncovered that after failing to secure employment in Italy during November 2024, the accused planned an illegal route to the USA through several countries using forged documents.
The petitioner allegedly served as a crucial link between different agents, facilitating contacts and enabling the arrangement of a fake Schengen visa through intermediaries. Disclosure statements from co-accused consistently pointed toward this coordinated network, with the petitioner positioned centrally rather than peripherally in the operation.
The Rs 35 Lakh Deal and International Journey
According to investigation findings, the passenger's father paid Rs 35 lakhs to the petitioner to facilitate the illegal migration. Following the petitioner's directions, the passenger contacted another agent who arranged the fake Schengen visa by tampering with the passport. This enabled travel through Spain, Guatemala, Nicaragua, and Honduras to Mexico, from where attempted illegal entry into the United States occurred in December 2024, resulting in apprehension by US authorities.
Further revelations emerged when a co-accused agent was arrested in November 2025, disclosing that the petitioner had contacted him to arrange the journey and fake visa for Rs 15 lakhs, with portions of this amount subsequently routed to other agents in the network.
Legal Proceedings and Arguments Presented
The petitioner sought anticipatory bail under Sections 336(3) (forgery), 340(2) (using forged document as genuine), and 318(4) (cheating to dishonestly induce property delivery) of the Bharatiya Nyaya Sanhita, 2023, along with Section 12 of the Passport Act, 1967.
Senior advocate Ramesh Gupta, representing the petitioner, argued that the case relied entirely on co-accused disclosure statements lacking independent evidentiary value, insufficient to justify custodial interrogation or bail denial. He contended that the petitioner wasn't directly involved in forging documents, arranging fake visas, or receiving money, merely advising a co-accused to contact another agent.
Additional Public Prosecutor Manoj Pant strongly opposed the bail application, asserting the case involved an organized racket with serious international implications. He maintained that the petitioner served as a crucial conspiracy link, connecting the main accused with other agents to arrange the fake Schengen visa, with disclosure statements and call detail records prima facie demonstrating active coordination with co-accused.
Investigation Conduct and Judicial Considerations
The court noted the petitioner's conduct during investigation as particularly relevant to the bail decision. Despite service of notices, the petitioner chose not to join the investigation process. Raids conducted at his residence confirmed his unavailability, ultimately leading to issuance of non-bailable warrants against him.
Justice Sharma emphasized that in cases involving organized crime and cross-border operations, custodial interrogation often becomes essential to fully uncover conspiracy extents. The court took serious note of both the allegations' gravity and their broader societal impact, particularly how such illegal migration rackets affect India's international relationships and reputation.
This ruling reinforces judicial recognition that crimes involving forged travel documents and illegal migration networks represent more than individual offenses, carrying significant implications for national integrity and global standing.
