AIZAZ KILICHEVA @ AZIZA @ MAYA vs STATE NCT OF DELHI

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21stJanuary 2025 + BAIL APPLN. 1872/2024 AIZAZ KILICHEVA @ AZIZA @ MAYA .....Petitioner Through: Mr. Prashant Mendiratta, Ms. Somyashree, Mr. Samar Pratap Singh and Ms. Neha Jain, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Tarang Srivastava, APP for the State with Insp. Manoj Dahiya, AHTU/Crime Branch. Mr. Amit Tiwari, CGSC with Mr. Rahul Bhaskar, Mr. Chetanya Puri, Advocates for FRRO with Insp. Shashank Tirpathi, Legal Cell, FRRO, Delhi. HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. While considering a bail petition filed by a foreign national, is it permissible for this court to also direct the State authorities to grant to such person a visa to enable the foreign national to continue to reside in the country and participate in pending criminal proceedings? This is the question that has presented itself in this matter. 2. Though the present petition was filed only for grant of regular bail in case FIR No.148/2022 dated 22.07.2022 registered under sections Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:21.01.2025 14:59:19 BAIL APPLN. 1872/2024 Page 1 of 20 3/4/5 of the Immoral Traffic (Prevention) Act, 1956 (‘ITP Act’) at P.S.: Crime Branch, Delhi (‘subject FIR’), the proceedings acquired added complexity as regards the jurisdiction of this court to direct the State authorities to also grant an appropriate visa to the petitioner. 3. Consequent upon completion of investigation in the case, offences under sections 366-B/370/419/420/465/466/467/468/471/474/109/ 120-B/34/174-A of the Indian Penal Code, 1860 (‘IPC’) and under section 14 of the Foreigners Act, 1946 (‘Foreigners Act’) were also added by way of the charge-sheets and supplem