Allahabad HC Grants Bail to BJP Youth Wing Worker Accused of Helping Bangladeshis Cross Into India

New Delhi: The Allahabad high court on Monday (November 3) granted bail to Bharatiya Janata Party (BJP) youth-wing functionary Bikram Roy, who was arrested in connection with a 2023 case filed by the Uttar Pradesh Anti-Terrorist Squad (ATS) for allegedly helping Bangladeshi nationals cross into India illegally and obtain forged identity papers. The bail was granted on the ground of parity with other co-accused who have already been released.

A  bench comprising Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary passed the order while hearing Roy’s appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, challenging earlier orders of the Special Judge, NIA, Lucknow, Live Law reported.

The lower court had twice rejected his bail plea.

While granting relief, the high court observed that several co-accused booked under the same First Information Report (FIR) had already been granted bail by coordinate benches. The case was registered under Sections 120-B (criminal conspiracy), 419, 420 (cheating), 467, 468, 471 (forgery), and 370 (human trafficking) of the Indian Penal Code, along with Section 14C of the Foreigners Act, 1946, which deals with offences related to illegal migration, the report mentioned

Appearing for Roy, advocate Taha Chishti argued that in a similar appeal filed by co-accused Adil-ur-Rahman last month, the high court had already extended bail, noting that multiple other accused – Abu Saleh Mandal, Abdul Awal, Abdulla Gazi, and Kafiluddin – had been released earlier in June 2025.

In June 2025, the division bench had observed that although the FIR accused the individuals of helping Rohingya migrants settle in India and allegedly using the money for anti-national activities, the charge-sheets filed did not include any offences under the NIA Schedule, and the accused had already spent nearly two years in jail.

The high court last month had noted that the punishment under the Foreigners Act extends only up to five years.

Notably, only Roy and Adil-ur-Rahman were charged under Section 370 IPC (human trafficking), which is listed as a scheduled offence.

Roy’s counsel also referred to last month's Supreme Court order granting bail to another co-accused, Shekh Nazibul Haque, who had been in custody for nearly two years. The apex court had noted that the prosecution intended to examine over 100 witnesses, which meant that the trial would take considerable time to conclude, Live Law reported.

Further, it was argued that Roy worked as a rickshaw puller and was accused only of bringing a few unauthorised persons from the Bangladesh border to West Bengal and had no prior criminal record.

The 2023 ATS case had drawn attention for allegedly uncovering a network involved in human trafficking and document forgery operating along the Indo-Bangladesh border. The ATS had claimed that the group collected money for facilitating such activities and that some funds were being channelled towards anti-India operations.

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