The Allahabad High Court has refused bail to a Chinese citizen accused of entering and residing in India using a forged Indian passport, a fake Aadhaar card and a manipulated visa, noting that his release could pose a serious flight-risk and harm India’s economic interests.
Justice Arun Kumar Singh Deshwal rejected the bail plea filed by Xue Fei Koei, holding that the court could not overlook the current state of relations between India and China and the absence of an extradition treaty between the two countries.
The court said the material in the case diary showed that the applicant had allegedly been staying in India on the basis of forged identification documents and was involved in the illegal extraction of mobile chips and processors for dispatch to China.
According to the order, the court found the allegations sufficiently grave to rule out the possibility of bail at this stage.
The judge noted, “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 added that releasing the applicant would create a high risk of absconding, pointing out that another co-accused, Tansong Dorji, had already fled and remained untraceable.
“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… 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,” the order stated.
The prosecution said two Chinese nationals — Yuyan Heyang and Loo Long — were arrested at the Nepal border while attempting to enter India. Based on their disclosures, the applicant was apprehended and a forged Indian passport and Aadhaar card bearing the name “Laakpa Sherpa” were recovered from him.
Investigators also alleged that the applicant tampered with his visa to fraudulently extend its validity till 2022, even though it had officially expired in 2020. A rented flat was also found to have been taken using forged documents.
With the rejection of bail, the applicant will continue to remain in custody as the investigation proceeds.
