Delhi HC Grants Bail to Kyrgyz Woman; Says Passport Seizure No Bar

The Delhi High Court has recently granted bail to a woman holding a Kyrgyzstan passport in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, observing that mere foreign nationality cannot be a ground to deny bail if the accused’s passport has been seized.

While hearing the women's plea for regular bail, a Bench led by Justice Shalinder Kaur held, "This Court, while not discounting the concerns raised, is also cognizant of the fact of being a foreign national cannot be a ground to deny bail, specifically when the passport of the petitioner has been seized."

Observing that the quantity of charas allegedly recovered in the present case was of intermediate quantity, the court held that in such a case, the rigours of Section 37 of the NDPS Act do not apply.

The court passed the following order in a case wherein the Delhi Police, after receiving specific intelligence inputs, intercepted a white Skoda car at the Singhu Border. Search of the vehicle led to the recovery of Charas. Both of the accused were taken into custody, and an FIR was registered under Sections 20, 25, and 29 of the NDPS Act.

Before the High Court, Advocate Aditya Aggarwal, appearing for the petitioner, submitted that charges had not yet been framed in the present case and that the petitioner had been incarcerated for about six months. He further contended that, considering the petitioner’s clean antecedents and satisfactory jail conduct, she should be granted bail.

Opposing the grant of bail, APP Satish Kumar, appearing for the State, submitted that since the charge had not yet been framed, it was premature to consider the petitioner’s bail application. He further argued that the petitioner posed a flight risk as she is not an Indian citizen.

However, the court held," In view of the aforestated observations, this Court is of the considered opinion that the continued incarceration of the petitioner and the trial being in its nascent stages, it would serve no fruitful purpose to keep the bail application pending."

Accordingly, the Court granted regular bail to the petitioner, subject to terms and conditions.

"Given the entire conspectus of facts and circumstances as noted hereinabove, the petitioner is admitted to Regular Bail in the subject FIR bearing No. 229/2024 dated 16.11.2024," the court added.

Case Title: CHOLPON BISHT versus STATE GOVT OF NCT OF DELHI