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Punjab and Haryana High Court Grants Bail, Allows Personal Bond When Foreign Accused Lack Sureties

The bench affirmed Article 21 protection for non-citizens, making detention beyond formal release steps unconstitutional.

Overview

  • The court granted regular bail to Farida Praveen, also known as Shikha Gaur, who was booked in Faridabad for cheating, forgery and illegal stay under IPC sections 420, 467, 468, 471 and the Foreigners Act.
  • Recognising the difficulty undocumented migrants face in arranging sureties, the court capped the bond at Rs 10,000 and permitted release on a fixed deposit or a personal bond.
  • If sureties or the bond amount are not furnished within seven days of the order, the Magistrate may release the petitioner on her personal bond.
  • To prevent bureaucratic delays, the court directed that bail orders be promptly emailed to jail authorities and the District Legal Services Authority.
  • The ruling relied on Supreme Court precedents and Section 479 of the BNSS to underscore limits on pre-trial custody and to safeguard personal liberty.