On 22 August 2025, the Court of the Additional Sessions Judge-05, New Delhi District, Patiala House Courts, granted bail to an accused in an FIR registered by the Special Cell under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Foreigners Act, 1946.
The prosecution alleged that the individual was part of a syndicate facilitating illegal entry and overstays of foreign nationals, citing recovery of Aadhaar, PAN, voter ID, driving licence, RC, and bank cards. However, the Court noted that none of the recovered documents were shown to be forged or unauthentic, and no verification from issuing authorities or foreign jurisdictions had been produced to prove nationality. The case primarily rested on custodial disclosures, which are not substantive evidence under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023.
The Court, guided by Supreme Court precedents in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, Satender Kumar Antil v. CBI (2021) 10 SCC 773, and Sanjay Chandra v. CBI (2012) 1 SCC 40, reiterated that arrest is not mandatory in every case, undertrials should not face unnecessary incarceration once investigation is complete, and liberty must not be curtailed through punitive pre-trial detention.
Accordingly, bail was granted subject to a personal bond of ₹50,000 with two sureties and other conditions. Importantly, the Court directed that the applicant be released directly from jail and not forwarded to a detention centre, with intimation to the FRRO and civil authorities for further steps in accordance with law, in line with Sanjay Singh v. State (Govt. of NCT of Delhi) (2022).
The order clarified that no opinion was expressed on the merits of the case or the question of nationality.
Appearances:
State: Sh. Mukul Kumar, Ld. Addl. PP
Applicant/Accused: Sh. Aman Sareen, Sh. Nishant Pathak and Sh. Vaibhav Kapur, Ld. Counsel
IO/SI Amit Bhati (NP).