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She and her daughter were allegedly living in India illegally with false passports, according to a complaint that had been submitted. However, the Court pointed out that this assertion was unsupported by any evidence.
High Court of Allahabad
In the case of Saba Masud v. State of UP, the Allahabad High Court granted bail to a Pakistani woman who has been in India for over 35 years due to a long-term visa. The woman was accused of falsifying identity documents in order to remain in the country.
Judge Krishan Pahal ordered the accused's release on August 5, stating that there was no proof of the claimed fraud or forgery.The Court is of the opinion that the applicant has established a case for bail based on the fact that she has been living in India for more than 35 years under a valid long-term visa and residential permit issued by the appropriate authorities, and that no evidence of forgery or fraud has been presented in court.
Krishan Pahal, Justice
Saba Masud, the accused, was taken into custody by Meerut police in February following a complaint that claimed she and her daughter were living in India illegally based on falsified documents.
According to the complainant, the accused gave birth to the girl in Pakistan after being married to an Indian national. The mother-daughter pair had entered India using Pakistani passports, she continued. Masud's father was an ISI agent, she even asserted.
Masud's attorney, who is requesting bail in the case, stated that a commercial conflict between her and the complainant led to the lawsuit's registration.
According to him, Masud married an Indian national in Lahore in 1986, and since their daughter's passport makes it plain that her father is Indian, there was no concealing.
The Court was also informed that Masud's application for Indian citizenship has been pending since 2010 and that her existing visa and residency permit are valid until 2027. It was stated that district magistrate Meerut had even suggested that she be granted citizenship.
The attorney refuted any accusations of forgery, claiming that she had not acquired a SIM card or voter ID in India. Additionally, the Court was informed that on April 27, a coordinate bench granted her spouse anticipatory bail.
The State responded by claiming that the accused had "misused her residence" in Meerut and had been to Deoband, Muzaffarnagar, and Aligarh, among other locations.
However, the court ruled that the State was not permitted to present any other pertinent evidence suggesting the accused had committed fraud. As a result, it mandated her release from custody.
The defendants were represented by Senior Advocate NI Jafri and Advocate Mohd Aslam.
Kuldeep Kumar, an advocate, represented the government. The complainant was represented by attorney Kartikay Agarwal.
