Interim Order 26

Order Details: COPY OF ORDER
Pdf Text: IA2/25 SC276/21
NCB VS KULWA YOHANA MARTINE
27.10.2025
This Court is also looking after the bail roster work of the
Court of Ld. ASJ-05, PHC, New Delhi District as the bail roster
Link Judge.
Present: Sh. Mukeysh Malik, Ld. SPP for NCB.
Ms. Shilpa Dua, Ld. counsel for applicant/accused.
This is an application seeking reduction of the
number of the sureties and the surety amount filed U/s 484 (2)
r/w Section 490 BNSS, 2023, wherein the applicant/accused is
also praying for the deposit of the surety amount in cash as
recognizance.
Arguments heard.
Vide my separate order of even date, the present
application is allowed and disposed off accordingly.
Copy of the order be given dasti as well as be sent to
jail superintendent for supplying the same to accused in jail.
(Atul Ahlawat)
ASJ/Spl. Judge, NDPS/N Delhi
27.10.2025
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IA2/25 SC276/21
NCB VS KULWA YOHANA MARTINE
27.10.2025
ORDER
1. Vide the present order, I shall dispose off the application
filed by the applicant/accused u/s 484(2) of BNSS, 2023 seeking
reduction of surety amount and deposit of cash in lieu of surety
filed on behalf of the applicant/accused Kulwa Yohana Martine.
2. It has been submitted by the Ld. Counsel for the
applicant/accused that no other similar application is pending
before the Hon’ble Supreme Court of India or the Hon’ble High
Court of Delhi.
3. It has been submitted by the Ld. Counsel for the
applicant/accused that the applicant/accused was granted regular
bail by this Court vide order dated 06.10.2025. As per the
conditions imposed in the said order, the applicant/accused was
admitted to bail subject to furnishing bail bond in the sum of Rs.
100,000/- with two sureties of the like amount.
4. It has been submitted by the Ld. Counsel for the
applicant/accused that applicant/accused is a foreign national and
he is not able to procure the said surety and he is ready to deposit
the surety amount in view of Section 490, BNSS, 2023.
5. It is fairly submitted by the Ld. SPP for NCB that he has
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no objection if the present application is allowed, subject to the
applicant/accused submitting the surety amount before this
Court.
6. It is trite law that the trial court has to balance and co-
relate the imperative of setting prisoners at liberty pursuant to the
bail order and securing their fundamental rights with the demand
of producing adequate sureties as an assurance of their regular
attendance at the trial and as a deterrence against the possibility
of them fleeing from the justice. It is equally important that the
trial court should also factor the socio-economic background of
the prisoner while fixing the number and amount of sureties. At
times, persons belonging to extremely poor background, simply
do not have the requisite social standing or financial clout to
arrange multiple sureties, therefore, at times, the UTPs belonging
to poor economic strata or socially marginalized segments of the
society may not be set at liberty despite being enlarged on bail.
The purpose of sureties is certainly dissuasive in intent, however,
setting higher surety amounts and number of sureties may at time
have punitive impact instead. The Hon’ble Supreme Court of
India had dealt with the issue of constitutional promise of
equality for all citizens and a realistic understanding of the socio-
economic landscape of the country underlying the concept and
rationale of the scope of sureties in the cases of bail in “Moti
Ram and Ors. Vs. State of Madhya Pradesh” (1978) 4 SCC 47.
Furthermore, in the landmark decision of “Hussainara Khatoon
Vs. State of Bihar” AIR 1979 SC 1360 had mandated the
consideration of the roots of an accused in the community so as
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to advocate a moot fact based approach in tune with the social
realities to serve justice as follows:
“To determine whether the accused has his roots in the
community which would deter him from fleeing, the
court should take into account the following factors
concerning the accused,
1. The length of his residence in the community.
2. His/her employment status, history and his
financial condition,
3. His family ties and relationship
4. His reputation, character and monetary
condition,
5. His prior criminal record including any
record of prior release on recognizance or
on bail,
6. The identity of responsible members of the
community who would vouch for his
reliability,
7. The nature of the offence charged and the
apparent probability of conviction and the
likely sentence in so far as these factors are
relevant to the risk of non appearance, and
8. Any other factors in relating the ties of the
accused with the society.”
7. While dealing with similar issues, it has been held by the
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Hon'ble High Court of Delhi in ‘Mark Paul Obioma Vs. NCB’ ,
bail application no. 1475/2022 and in ‘Bartholomew Vs. State’,
bail application no. 1424/2023 have exercised the discretion to
reduce the bail bond amount. Furthermore, in ‘Gilbert Apeh
EmekaVs. NCB’ bail application no. 3269/2023 has directed the
petitioner therein to be released on furnishing of the personal bail
amount, instead of producing the sureties, since the petitioner
was a foreign national and no one was willing to give surety on
his behalf and the said contention was found to be plausible.
8. This court is of the view that it is a fit case to exercise its
powers u/s 484 (2) r/w 490 of BNSS, 2023 and
applicant/accused is allowed to deposit the surety bond
amount of Rs. 50,000/- and upon his release, he shall deposit
Rs. 50,000/- in cash or FDR before this Court and shall also
produce one surety in the sum of Rs. 50,000/-, within two
weeks of his release.
9. With these conditions, the present application moved under
section u/s 484 (2) r/w 490 of BNSS, 2023 on behalf of
applicant/accused Kulwa Yohana Martine stands disposed of.
The other conditions imposed by this Court vide order dated
06.10.2025 shall remain in force.
10. It is needless to say that nothing stated herein shall
tantamount to an opinion or expression on the merits of the case.
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11. Copy of this order be sent to concerned Jail
Superintendent.
12. Copy of this order be given dasti to the parties.
13. Application stands disposed of accordingly.
(ATUL AHLAWAT)
ASJ NDPS Act
(Special Judge)/PHC
NDD/27.10.2025
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