Allahabad HC Cites Hostile Indo-China Relations, Absence of Extradition Treaty to Deny Bail to Chinese Man in Visa Forgery Case

The Allahabad High Court recently refused bail to Chinese national Xue Fei @ Koei, holding that material on record shows he forged an Indian passport and Aadhaar card, tampered with his visa to stay in India illegally, and was involved in exporting mobile processors and chips to China.

The bench of Justice Arun Kumar Singh Deshwal opined that releasing Fei on bail would pose a serious risk to India’s economic interests and national security, given the absence of an extradition treaty with China.

"This Court cannot ignore the relationship of India with China by overlooking the mandate of Section 57(11) of Evidence Act and there are chances if the applicant is released on bail, he may leave the country illegally as another co-accused Tansong Dorji has already left and still untraceable," the bench said. 

Court passed the order while rejecting Xue Fei’s bail plea in a case registered at Beta-2 police station in Gautam Buddha Nagar in 2022 under Sections 419, 420, 467, 468, 471, 120B, 201 of the IPC and Section 14(A), 14(B), 14(C), 14AB, 14C of the Foreigners Act & 66D of the IT Act.

According to the prosecution, the case originated after two Chinese nationals, Yuyan Heyang and Loo Long, were arrested while entering India through Nepal. Their information led police to Xue Fei, who was staying in Flat No. 401, J.P. Greens, Noida. During the search of the flat, officers recovered a forged Indian passport and a forged Aadhaar card in the name of “Laakpa Sherpa”, and found that Xue Fei had tampered with his visa by extending its validity from 2020 to 2022. A subsequent search at the Taj Hotel in Gurgaon resulted in recovery of multiple forged Aadhaar cards of another accused, along with other incriminating material.

The prosecution further stated that investigation into HTZN Technology Pvt. Ltd. and Tianshang Renjian Pvt. Ltd., both located in Noida, indicated that although Xue Fei was not officially listed as a director, witnesses consistently described him as the person running the operations.

Further, statements recorded under Section 161 CrPC suggested that the companies were involved in extracting processors and chips from scrap material and exporting them to China. One witness stated that Xue Fei himself visited courier facilities to dispatch such consignments. The prosecution also relied on statements claiming that he was managing Hotel Revera in Noida, and contended that the overall activity was aimed at siphoning material and causing economic harm to India.

It further argued that Xue Fei had no valid visa, was staying in India through forged documents, and could easily flee the country if released on bail, especially given the absence of an extradition treaty with China.

The State also pointed out that one co-accused had already absconded and remained untraceable, and that bail had been denied to several co-accused by a coordinate bench, with the Supreme Court refusing to interfere.

In response, Xue Fei argued that he had been falsely implicated on the basis of statements of co-accused and some witnesses, with no material to show he ran the companies or exported the processors and chips.

His counsel submitted that the chargesheet did not level any allegation of money laundering or transferring funds abroad, and that there was no evidence proving that he forged the Aadhaar card, passport or visa. The counsel emphasised that Xue Fei had been in custody since 14 June 2022, and that the trial was progressing slowly, with only nine out of seventy-six witnesses examined so far. Relying on Supreme Court judgments, the counsel argued that foreign nationals can be granted bail subject to conditions such as impounding their passport or securing assurances from their embassies regarding their presence during trial.

Rejecting these submissions, the High Court held that the recoveries from the Noida flat and Gurgaon hotel, coupled with witness statements, constituted prima facie material showing that Xue Fei forged documents, altered his visa, stayed in India illegally, and participated in exporting mobile chips and processors to China without authorisation.

Court said that these activities, if established at trial, would fall within the category of economic offences and raise concerns about their impact on India’s economic interests.

It also took judicial notice of the present hostile relationship between India and China under Section 57(11) of the Evidence Act, and observed that the absence of an extradition treaty heightened the risk of Xue Fei fleeing the country if released.

The bench noted that a co-accused had already escaped and that Xue Fei offered no explanation for possessing forged Indian documents. It agreed with the prosecution that given the material available, Xue Fei was not entitled to bail.

While dismissing the bail plea, the High Court directed the trial court to conclude the proceedings as expeditiously as possible. 

Case Title: Xue Fei@ Koei Vs. Nil

Order Date: November 19, 2025

Bench: Justice Arun Kumar Singh Deshwal