The court permitted modification of bail conditions allowing international travel for familial obligations, subject to return and surrender of the passport.

ORDER :

1. RULE returnable forthwith. Learned APP waives service of notice of rule on behalf of the respondent State of Gujarat.

2. Present application is filed by the applicant for modification / deletion of condition No.9(f) imposed vide order dated 20.12.2022 passed in Criminal Misc. Application No.3629 of 2022. The said condition No.9(f) reads as under:-

"9(f) not leave India without the permission of the Court and if having passport shall deposit the same before the trial Court within a week;"

3. Heard Mr. Jay Shah, learned Counsel for the applicant and Mr. Ronak Raval, learned APP for the respondent State of Gujarat.

4. Mr. Shah, learned advocate for the applicant has submitted that the applicant was enlarged on anticipatory bail vide order dated 20/12/2022 passed in Criminal Misc. Application No.3629 of 2022 on certain terms and conditions.

4.1 Mr. Shah, learned advocate for the applicant has also submitted that earlier applicant has filed an application for the said purpose however, at that time the applicant has not got Visa in time and therefore, the said application came to be disposed of vide order dated 22.11.2024. He has submitted that now the applicant has got visa of both the Countries i.e. U.S.A. as well as Canada. He has further submitted that the applicant has complied with an order dated 25.9.2024 passed by this Court in Criminal Misc. Application No.1 of 2024 in Criminal Misc. Application No. 3629 of 2022 by depositing a sum of Rs.3,00,000/- before the trial Court as a condition to visit abroad.

4.2 Mr. Shah, learned advocate for the applicant has submitted that the applicant wants to visit his daughter's place in USA as she has given birth to the grand child of applicant on 11.8.2024 and also wants to visit Canada to meet his son who has recently graduated from Conestoga College Institute of Technology and Advanced learning and also wants to help his son in arranging financial as well as other assistance. He has therefore, contended that the aforesaid condition be modified and thereby the applicant be permitted to travel outside India for the period of 6 months.

4.3 In view of the above, Learned Counsel for the applicant urges before the Court to grant present application and permit the applicant to visit abroad.

5. Learned APP appearing for the respondent State has not seriously objected for the modification of the said condition, looking to the facts of the present case.

6. I have considered the submissions canvased by the learned advocates for the respective parties and I have perused the materials placed on records. The present application is hereby allowed. The condition No.9(f) imposed by this Court is kept in abeyance for a period of six months. The applicant is permitted to travel outside India for a period of six months and he shall return to India on or before 30.06.2025 and surrender his passport before the concerned trial court, failing which, it is open for the Investigating Agency to take appropriate action. As and when the applicant surrenders his passport before the trial court, the amount deposited shall be refunded along with interest accrued on it to the applicant. All other conditions will remain unaltered.

7. Rule is made absolute to the aforesaid extent.

Direct service is permitted.