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.

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 namely Yash @ Chotu (co-accused) was induced by the petitioner who is resident of Bangladesh. Her son brought the petitioner in the house of complainant and disclosed about the relation with the petitioner, but it was not acceptable by the complainant. The co-accused Yash (son of complainant) had given cash and gold Jwellery of the complainant to the petitioner who has misappropriated the same. The petitioner is a foreign National and residing in India without legal documents and she has prepared her Aadhar Card, Voter Card and PAN card on the basis of fake documents and changed her name to Shikha Gaur.”

4. The petitioner's counsel prays for bail and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State’s counsel opposes bail and refers to the reply.

6. It would be appropriate to refer to the following portions of the reply, which read as follows:

ROLE OF PETITIONER:-

4. That the petitioner is a foreign national and residing in India without legal documents and prepared her Aadhar card, water Card and PAN Card on the basis of fake documents and also changed her name to Shikha Gaur. The petitioner was arrested on 05.02.2025, during interrogation, the petitioner has confessed her guilt and suffered her disclosure statement Annexure R-1 and got recovered photocopy of Aadhar Card, Passport and ID Card of Bangladesh. The petitioner is named in FIR. After completion of investigation, the challan against the petitioner/accused was prepared and submitted for trial on 05.04.2025, now the present case is fixed on 26.06.2025 in the court of Ld. CJM Faridabad for consideration on charge.

7. The petitioner has been in custody for 06 months & 14 days as per the custody certificate dated 18.08.2025. Given the penal provisions invoked vis-a-vis pre-trial custody, coupled with the prima facie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justification for further pre-trial incarceration at this stage.

8. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.

9. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above, subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate, with or without sureties, with maximum bond amount not to exceed INR 10,000/.

10. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, the surety