Allahabad HC rejects bail plea of Chinese citizen accused of possessing forged passport

Prayagraj (UP), Nov 28 The Allahabad High court has rejected the bail plea of a Chinese citizen accused of possessing a forged Indian passport, a forged Aadhaar card and a fake visa.

Rejecting the plea moved by Xue Fei Koei, Justice Arun Kumar Singh Deshwal observed that the court cannot ignore India's relationship with China and there are chances that if the applicant is released on bail, he may leave the country illegally as another co-accused has done and is still untraceable.

The court also considered the fact that India does not have an extradition treaty with China.

"It is clear that there is material in the case diary which shows that the applicant was staying in India on the basis of a forged passport and Aadhaar card and was involved in illegal extraction of mobile chips and processors and sending them to China. He is indirectly involved in economic offences as well as in causing a threat to the economic interests of India," the court observed.

"This court cannot ignore the relationship of India with China and there are chances that if the applicant is released on bail, he may leave the country illegally as another co-accused Tansong Dorji has already left and is still untraceable. One more fact is relevant that India and China have no extradition treaty. Therefore, if the applicant left the country illegally, it would not be possible to bring him back to justice," it added.

According to the prosecution, two Chinese nationals -- Yuyan Heyang and Loo Long -- were arrested by police while they were entering India through the Nepal border and on the basis of the information received from them, the applicant was held and a forged passport and a forged Aadhaar card in the name of Laakpa Sherpa were seized from him.

It was also found that the applicant, by committing forgery in his visa, extended its validity till 2022, though it had expired in 2020. It was also found that a flat was taken on rent on the basis of the forged documents.

Xue Fei@ Koei v. Nil, (Allahabad)