JUDGMENT

Index to the Judgment

FACTUAL BACKGROUND.

ARGUMENTS ADDRESSED BY BOTH THE PARTIES

ANALYSIS AND FINDINGS

i. The Allegations against the Petitioner

ii. Conditions Imposed while Granting Bail to the Petitioner

iii. Law Regarding Imposing Of Conditions While Granting Bail

CONCLUSION

i. The Fundamental Right under Article 21 of Indian Constitution vs. Reasonable Restrictions By The Court: Balancing The Competing Rights ..11

Swarana Kanta Sharma, J.

1. By way of present petition filed under Section 482 read with Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner seeks setting aside of order dated 09.08.2023 passed by learned Additional Sessions Judge, Patiala House Courts, New Delhi in Misc.App.No. 87/2023 seeking modification of bail conditions imposed vide order dated 23.02.2021 in case arising out of FIR bearing no. 49/2021, registered at Police Station Special Cell, New Delhi under Sections 124A/153/153A/120B of the Indian Penal Code, 1860 (`IPC').

FACTUAL BACKGROUND

2. Brief facts, necessary for the adjudication of present petition, are that on 04.02.2021, the present FIR was registered on the allegations that there was a concerted campaign by banned terror organisations to disrupt the Republic Day national ceremony through several unlawful acts in the name of protests, and during social media monitoring on 04.02.2021, it had come to the notice of agencies that a link of a Google Document (`toolkit') had been accidentally shared on Twitter, which contained a detailed plan of a larger conspiracy to wage an economic, social, cultural and regional war against the country. As per FIR, a perusal of the said documents/toolkit had also revealed that it was promoting campaign material circulated by a Canada-based organisation that had openly and deliberately shared posts on social media platforms that tend to create disharmony or feeling of enmity, hatred or ill-will between different religious, racial, language or regional groups, or castes or communities. It was also observed that there was a specific call to protest outside Indian Embassies and target symbols linked to Indian culture and there were plans to instigate certain communities against one another. It was also alleged that due to this conspiracy, certain incidents of vandalism by anti-social elements had taken place outside Indian Embassy in Rome, Italy and violence had also taken place on 26.01.2021 on the streets of Delhi i.e. at Red Fort, near ITO, in Nangloi, etc. which had resulted in large-scale loss of public property and more than 500 police personnel had been injured in these incidents. It was further alleged that after this incident, various social media accounts had been used to spread rumours and fake news/videos to promote enmity between different groups and give provocation to commit riots. From the contents of such documents/toolkit, it was observed that there was a global conspiracy to bring dissatisfaction towards the elected government established by law and promote disharmony and feelings of enmity between different groups with intent to cause riots. Accordingly, the present FIR was registered and investigation was carried out by the police.

3. The present accused/petitioner was arrested from her residence on 13.02.2021 and was granted bail vide order dated 23.02.2021 by learned Additional Sessions Judge, Patiala House Courts, New Delhi.

ARGUMENTS ADDRESSED BY BOTH THE PARTIES

4. Learned counsel for the petitioner argues that the applicant is required to seek permission of the learned Trial Court each time she has to travel abroad, which causes inconvenience as the petitioner is required to travel abroad frequently. It is also stated that the petitioner on several occasions in past has been granted permission to travel abroad and she has not violated any conditions of the orders by virtue of which she has been granted such permission. It is further argued that further investigation in the present case is not pending against the p