The Supreme Court has expressed deep concern over the growing problem of foreign nationals securing bail by furnishing fake sureties. The issue came to the forefront in a case involving a Nigerian national charged under the NDPS Act, where the surety provided was later found to be entirely fictitious. The individual's address did not exist, his employer denied any association with him, and the identity documents, including PAN and Aadhaar, were discovered to be forged. The Court noted that such instances are not isolated and that the practice appears to be widespread in certain States, posing a serious challenge to the integrity of bail proceedings.
The Court questioned the effectiveness of the existing surety verification system introduced by the National Informatics Centre. It sought clarity on whether the “surety module” currently used in trial courts is fully functional and capable of detecting impersonation or fraudulent documentation. Observing that the present system may not be robust enough to prevent misuse, the Bench stressed the need for immediate reinforcement of the verification process to safeguard judicial credibility.
To ensure stronger identification mechanisms, the Court impleaded the Unique Identification Authority of India in the matter. It indicated that Aadhaar-based authentication could serve as an important tool in verifying the identity of sureties, especially when dealing with high-risk categories such as foreign nationals facing serious charges. The judges emphasised that an institutional mechanism must be established to confirm the genuineness of sureties before courts rely on their financial or identity claims.
Additionally, the Court directed the concerned judge in the lower court to file a detailed report. This report must explain the steps taken to verify the surety, including the manner in which the court satisfied itself about the surety’s identity, financial standing, and statutory compliance before granting bail. The Supreme Court noted that judicial officers must diligently follow verification protocols, as lapses can enable accused persons to evade the justice system.
Through its observations, the Court delivered a clear message that bail procedures must be strengthened and modernised. It underscored that fraudulent sureties undermine the entire bail framework and that urgent corrective measures are necessary to ensure that courts are not misled by fabricated identities.
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