NEW DELHI: The Supreme Court on Monday declined anticipatory bail to a man accused of allegedly duping another person after promising to send him to the US through the “donkey” route, saying such people bring disrepute to Indian passports.
Finding the allegations as "very serious”, a bench of Justices Ujjal Bhuyan and Manmohan refused to entertain the anticipatory bail plea filed by accused, Om Prakash from Haryana.
“Because of people like you, Indian passport is devalued. Such acts of a few brought disrepute to Indian passports," the bench told the counsel for the petitioner.
The plea challenged the Punjab and Haryana High Court's order of April 9, 2025 rejecting his bail plea.
"Donkey route" refers to an illegal method of migration, usually used to enter countries like the United States or the United Kingdom.The process of Donkey route involves utilising human smugglers and navigating through various countries, often facing harsh and dangerous conditions, to bypass legal immigration processes.
While refusing to grant anticipatory bail to Prakash, the bench said the accused not only duped the person but also made him travel to several countries bordering the US in inhuman conditions to ensure that he enters the US illegally.
Prakash approached the top court, after his earlier plea filed by him in the case was dismissed by the Punjab and Haryana High Court. The HC had denied anticipatory bail to Prakash, after noting that the complainant's father had deposed in the court against Prakash that he had duped him of Rs 22 lakh.
As per the First Information Report (FIR), Prakash was an accomplice to the main accused, who was working as an agent and had assured the complainant that he would send him to the US through valid means on the payment of Rs 43 lakh. The main accused sent the complainant to Dubai in September 2024, and from there to different countries, then to the forests of Panama, and then to Mexico.
On February 01, 2025, the “donkers/agents” to the main accused made him cross the US border. The complainant was arrested by the US police, jailed and deported to India on February 16, 2025.
After hearing the counsel, the bench said, "We do not find any good reason to entertain this anticipatory bail application. The special leave petition is, accordingly, dismissed."
[Read Order]
