Sanoy Sarkar v. State Govt NCT Of Delhi
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 967/2026 SANOY SARKAR .....Applicant Through:
Mr. Sudhindra Das, Adv.
versus STATE GOVT NCT OF DELHI .....Respondent Through:
Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advocates
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 21.04.2026 1.
By virtue of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks grant of anticipatory bail in FIR No.761/2025 dated 06.11.2025 registered at PS: IGI Airport, Delhi under Sections 318(4)/319(2)/336(3)/340(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 12 of the Passport Act, 1967 as also Section 14 of the Foreigners Act, 1946. 2.
Succinctly put, on 05.11.2025, although a female passenger, namely Ms. Manju Gurung, attempted to depart from India to Hong Kong from IGI Airport, New Delhi, however, upon suspicion, she was questioned, and it was found out that she was a Nepali national who had obtained a fake Indian Passport through fraudulent means. Thereafter, she disclosed that the forged passport was acquired through an agent named Mr. Sanka Suba (co-accused).
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3.
During investigation, it was revealed that the mobile phone of the co-accused contained various fake/ forged Aadhaar card(s), and other identity document(s) and thus he was arrested. In fact, upon further investigation, the co-accused disclosed that the preparation of the forged documents were done by the applicant herein for which he had received Rs.15,000/-. On 08.12.2025, although attempts were made to catch the applicant at his residence in West Bengal, however, he was found absconding therefrom as his family members had informed the Investigation Officer (IO) that the applicant had left for Nepal. 4.
Thereafter, in compliance of the directions passed by this Court vide order dated 12.03.2026, the applicant joined investigation on 16.03.2026 and in fact, admitted to making forged identity document(s), however, he declined to have made the Voter ID Card and Birth Certificate of Ms. Manju Gurung. Once again on 30.03.2026, the applicant was examined and confronted with the co-accused who stated that the forged document(s) of Ms. Manju Gurung were handed over by the applicant herein after receiving requisite details and a payment of Rs. 15,000/-. 5.
At the outset, learned counsel for the applicant submits that the applicant is not even named in the FIR and his name surfaced only after the disclosure made by the co-accused as also the applicant has clean criminal antecedents. Nevertheless, as the applicant, in compliance with the directions of this Court, had joined the investigation, he shall continue to co-operate with the same as and when required by the IO. As such learned counsel for the applicant, prays that anticipatory bail be granted, as the applicant undertakes to comply with any and all the conditions imposed by this Court.
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6.
Learned APP for the State has handed over a copy of Status Report which is taken on record. Based thereon, she submits that the allegations levelled against the applicant herein are serious and grave in nature as also considering the said inconsistencies between the statement of the applicant and the co-accused qua forging of documents of Ms. Manju Gurung, the custodial interrogation of the applicant is essential for unearthing modus operandi with respect to the creation of forged documents. 7.
Head. Perused the documents as well.
8.
As borne out from the above, the mobile phone of the co-accused admittedly contains various fake/ forged Aadhaar Card(s), and identity document(s) of other people as also the applicant herein has not controverted the fact that he has indulged in forgery and fabrication of identity documents. The only case set up by the applicant is that he has not forged the documents qua Ms. Manju Gurung.
9.
This Court is dealing with a case wherein the actions of the applicant are going to impact the National interest, and the security and secrecy of all concerned. There are serious allegations qua him pertaining to aiding illegal entry/ exit of an individual of any nationality into/ from this Country. Moreover, during investigation the applicant has himself admitted to having played an active role by creating forged government document(s). There are also the inconsistencies between the statements made by the co-accused and the applicant qua creation of forged document(s) with respect to Ms. Manju Gurung. 10.
Resultantly, custodial interrogation of the applicant is required to unearth the modus operandi as also the recon the nexus qua the transactions inter se the applicant and the co-accused person in creating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
forged identity documents.
11.
In view of the above, since no grounds for granting anticipatory bail are made out, the present application is accordingly dismissed. 12.
The observations expressed hereinabove, if any, being tentative in nature, will not come in the way of any subsequent proceedings, which shall be dealt on their own merits.
SAURABH BANERJEE, J APRIL 21, 2026/rr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.