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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Nurul Islam, Son of Shri Abdul Jabbarar – Appellant
Versus
State of Rajasthan, through Public Prosecutor – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. The instant petition has been preferred for releasing the petitioner on bail in connection with F.I.R. No.319/2024, registered with the Police Station Jawahar Circle, District Jaipur City (East) for the offences punishable under Sections 419, 420, 471 & 120B IPC.
2. Learned counsel for the petitioners submits that the aforesaid F.I.R. was registered against certain accused persons with regard to committing the alleged offence of illegal kidney transplantation and human trafficking, wherein the petitioners and the other co-accused persons were arrested on 23.04.2024. Counsel submits that the petitioners became approver for the prosecution side and on the basis of their statements recorded by the Police, the co-accused persons were arrested and charge- sheeted. Thereafter, the co-accused persons were granted benefit of bail under Section 439 Cr.P.C., but the petitioners have not been released on the sole ground that they became approver for the prosecution side in the instant case. Counsel submits that when the trial did not proceed any further, the petitioners approached this Court by way of filing S.B. Criminal Misc. Petition No.5888/2025, with a praye
Prolonged detention of an approver without trial violates the fundamental right to speedy trial under Article 21, applicable to foreign nationals.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
The court established that foreign nationals facing criminal charges in India are entitled to fundamental rights, including the right to a fair trial and bail, but these rights must be balanced again....
Successive NDPS bail requires material change in circumstances; Supreme Court reservations on denying bail to foreign nationals and Article 21 speedy trial violation from prolonged delay justify bail....
In NDPS cases, co-accused confessions inadmissible for bail denial absent contraband recovery; prolonged pre-trial detention of foreign national with immigration violations violates Article 21; bail ....
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