Court Upholds Foreign National's Right to Bail Under Article 21, Imposes Registration and Surety Conditions Following Supreme Court Precedent
In a significant judgment dated October 9, 2026, the Calcutta High Court granted bail to Rocky Francis D'costa, a Christian refugee born in Bangladesh and holding valid French refugee travel documents, who was arrested under the Immigration and Foreigners Act, 2025 and the Passport Act, 1967. The petitioner was apprehended while crossing the India-Bangladesh border, allegedly without proper documents.
Justice Ms. Chaitali Chatterjee (Das) observed that the petitioner possessed a valid French passport and refugee status issued by the Republic of France, with documents verified as genuine by the prosecution. Additionally, the petitioner's mother was undergoing continuous medical treatment in India, as substantiated by hospital records, which justified his extended stay in the country.
The Court emphasized that no criminal antecedents were found against the petitioner, and the investigation had concluded with the filing of the chargesheet. Relying heavily on the recent Supreme Court ruling in Union of India v. Chidiebere Kingsley Nawchara (2026 INSC 870), the Court reiterated that foreign nationals are entitled to protection under Article 21 of the Constitution of India. The Court held that being a foreigner does not per se justify denial of bail, and bail conditions imposed must be reasonable, proportionate, and capable of compliance.
The Court granted bail subject to strict conditions: the petitioner must register with the Foreigners Regional Registration Office (FRRO) within one to two weeks; produce two sureties of Rs. 20,000 each (one local), whose verification must be completed before release; undergo re-verification of residential address and contact details in India; file an affidavit disclosing source of income and bank accounts in India; and the investigating officer must notify the Embassy of France regarding the bail and charges. Furthermore, the Court mandated creation of a lien or charge on the sureties' property to secure the bail amount, with any violation potentially leading to bail cancellation.
This ruling highlights the judiciary's balanced approach towards foreign nationals in India, ensuring their fundamental rights while safeguarding the State's regulatory interests. The Court's decision sets a precedent for handling bail applications involving foreign nationals arrested under immigration-related offenses, aligning with constitutional guarantees and international refugee protection norms.
Bottom Line:
Bail - Foreign national/refugee holding valid French travel documents and refugee status arrested under Section 21 of Immigration and Foreigners Act, 2025 and Section 12 of Passport Act, 1967 while crossing India-Bangladesh border - In absence of criminal antecedents, after filing of chargesheet, and in view of Supreme Court ruling that foreign nationals are also entitled to protection under Article 21 and cannot be denied bail merely for being foreigners, bail granted with stringent conditions including registration with FRRO/FERO, verification of address and sureties, affidavit of funds and intimation to Embassy.
Statutory provision(s):
Immigration and Foreigners Act, 2025 Section 21, Passports Act, 1967 Section 12
Rocky Francis D'costa, (Calcutta) : Law Finder Doc Id # 2995511
