Bail may be granted to a foreign national on parity after charge-sheet filing, with stringent safeguards.

The applicant, Aiperi alias Erika, a Kyrgyzstan national, was implicated along with two co-accused in FIR No. 0130 of 2026 registered at Police Station Raipur, District Dehradun, for offences under Sections 318(4), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 23 of the Immigration and Foreigners Act, 2025.

The prosecution alleged, inter alia, that the applicant had forged an Aadhaar Card.

The charge-sheet had been filed, and the applicant had remained in custody since 29 March 2026.

The two co-accused, who had been charged in the same case, had already been granted bail by the Judicial Magistrate First Class on 29 June 2026 and 10 July 2026.

Whether the applicant, who had been charge-sheeted and remained in custody, was entitled to regular bail in view of the filing of the charge-sheet and the grant of bail to the similarly situated co-accused.

Whether stringent conditions were necessary in view of the applicant being a foreign national.

The Court considered the offences alleged under Sections 318(4), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 23 of the Immigration and Foreigners Act, 2025.

It also noted the applicant’s submission that offences concerning Aadhaar-related forgery are specifically addressed under Chapter VII of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, with a maximum punishment of three years.

In determining bail, the Court applied the considerations that the investigation had culminated in the filing of the charge-sheet, the applicant had remained in custody, and similarly placed co-accused had already been granted bail, thereby supporting the principle of parity.

Since the applicant was a foreign national, the Court considered it appropriate to impose stringent conditions to secure her presence during the trial.

The Court found that continued detention was not warranted merely because the applicant was a foreign national, particularly when the charge-sheet had already been filed and the two co-accused implicated on the same set of allegations had been granted bail.

The Court also took note of the applicant’s contention regarding the comparatively limited punishment applicable to Aadhaar-related offences, although it did not conclusively determine that issue at the bail stage.

Balancing the applicant’s entitlement to bail against the risk of non-appearance associated with her foreign nationality, the Court granted bail subject to conditions designed to preserve the jurisdiction of the trial court and ensure her participation in the proceedings.

Aiperi alias Erika was directed to be released on bail upon furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the trial court.

She was required to surrender her passport within one week, report to the trial court once every month, refrain from leaving India without the trial court’s prior permission, and appear on every date of hearing without seeking unnecessary adjournments.