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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
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 tha
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.
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....
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 is a rule and jail is an exception; prolonged detention without trial violates personal liberty under Article 21 of the Constitution.
The court established that bail should be granted unless there are compelling reasons to deny it, emphasizing the need for a fair trial and the protection of the accused's rights.
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 decision to grant bail was based on the special reasons emerging from the investigation and the peculiar facts and circumstances of the case, as well as the interpretation of relevant legal provi....
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