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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Farida Praveen alias Shikha Gaur – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner seeking bail has no criminal antecedents. (Para 1 , 2 , 3) |
| 2. arguments on pre-trial incarceration injustice. (Para 4 , 5) |
| 3. court's observations on detention duration and release conditions. (Para 6 , 7 , 8 , 9 , 10) |
| 4. supreme court's precedent on foreigners' rights in india. (Para 11 , 12 , 13 , 14) |
| 5. rights under article 21 extend to foreign nationals. (Para 15 , 16 , 17) |
| 6. bnss provisions regarding bail and release. (Para 18 , 19) |
| 7. conditions for personal bonds and release. (Para 20 , 21) |
| 8. immediate notification of bail orders to officials. (Para 22) |
| 9. order for release and settlement of pending applications. (Para 23 , 24) |
JUDGMENT :
ANOOP CHITKARA, J.
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking regular bail.
2. Per the custody certificate dated 18.08.2025, the petitioner has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
“That the present case was registered on the basis of a complaint made by Santosh Sharma with the allegations that her son name
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.
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 ....
The court established that anticipatory bail can be granted based on the absence of a prima facie case and the health condition of the accused, balancing individual rights with the need for investiga....
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....
Prolonged custody over 1.5 years in sexual offence case with doubtful prima facie evidence, non-supportive key witnesses, and delayed trial entitles bail under Article 21 as rule, subject to stringen....
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
The court emphasized the requisite balance between personal liberty and the necessity of pre-trial detention, highlighting Article 21's protection against unjust deprivation of liberty.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
Bail granted in murder case due to hostile key witness rendering prima facie accusation doubtful, prolonged incarceration over four years amid delayed trial, no antecedents, upholding Article 21 pers....
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