Supreme Court Considers Establishment Of Licensed Professional Bail Bondsmen

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Last Updated:February 13, 2026, 13:26 IST

Under the proposed rules, individuals or business entities could get licence to become professional bail bondsmen.

The Supreme Court is considering the establishment of licensed professional bail bondsmen over concerns regarding foreigners accused in NDPS cases, who secure release under the ‘bail not jail’ principle and subsequently disappear.

The top court is mulling over licensed professional bail bondsmen, as these would act as guarantors for non-citizens to ensure their presence during trial.

In a case involving the NDPS Act, where a foreign national named Chidiebere Kingsley Nawchara secured bail and then absconded, Justices Sanjay Karol and AG Masih requested amicus curiae and senior advocate Sidharth Luthra to propose a system to ensure that a non-citizen will be available to face trial, even if they are granted bail after a prolonged period of incarceration.

Luthra and his associate advocates, prepared a draft ‘Professional Bail Bondsmen (Regulation) Rules’ based on suggestions by the Department of Revenue Intelligence (DRI) and submitted it to the court.

The document has been uploaded on the Supreme Court’s website. Additionally, suggestions have been invited from the public and domain experts.

“These guidelines are only applicable for the grant of bail by the trial court/appellate court to foreign nationals and non-citizens who are being prosecuted for offences under NDPS in relation to commercial quantity," the amicus curiae said.

It has been learnt that under the proposed rules, individuals or business entities could get licence to become professional bail bondsmen.

“A bail bondsman business entity shall not execute any bail bond except through a duly licensed individual bail bondsman."

Notably, the rules disqualify police officers, prison officers, judicial officers, prosecutors, court staff; persons exercising control over prisoners, advocates and their employees, and persons with previous convictions from becoming bail bondsmen.

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First Published:

February 13, 2026, 13:26 IST

News india Supreme Court Considers Establishment Of Licensed Professional Bail Bondsmen

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