Modification of bail conditions is permissible when the applicant demonstrates compliance with existing conditions and justifies the need for travel.

ORDER :

Rule. Learned APP waives service of notice for the respondent-State.

1. By way of the present application, the applicant has prayed to modify the condition No.8(f) imposed by the co-ordinate Bench of this Court vide order dated 05.09.2019 passed in Criminal Misc. Application No.14767 of 2019. Condition No.8(f) of the order dated 05.09.2019 read as under :-

“8(f) shall not leave India without the permission of the Court and if having passport shall surrender the same before the Trial Court within a week”

2. The learned advocate appearing for the applicant has submitted that the applicant is engaged in the electronic items business and, as part of his business, he frequently travels abroad. The applicant now wishes to travel to Hong Kong from April 1, 2025, to April 30, 2025, for business purposes. Therefore, he has requested the release of his passport.

3. Learned APP appearing for the respondent – State has also urged this Court to direct the applicant to produce necessary papers of his visit, however, he confirms that he has not breached any of the conditions at any point of time. He urged to impose strictest conditions, if permitted, as requested for.

4. As can be noted from the record that there is nothing on record to indicate that he has flouted the order or any of the conditions at any point of time. Moreover, the cause ventilated in the present application, certainly would require furnishing of requisite documents and it is submitted by learned advocate for the applicant that requisite documents would be made available by the applicant before the learned Trial Court as well as to the concerned Police Station in due course and as and when, he wants to leave India.

5. Considering the above facts, this application is partly allowed. The condition No. 8(f) imposed by the co-ordinate Bench of this Court vide order dated 05.09.2019 passed in Criminal Misc. Application No.14767 of 2019 is hereby suspended from April 1, 2025, to April 30, 2025 on the following terms and conditions :

(a) that the applicant shall give his travel schedule to the trial Court and the concerned Police Station with his addresses of the places and the telephone numbers whenever he is leaving the country and shall also provide all the related documents to the learned Trial Court as well as to the concerned Police Station.

(b) The applicant shall have to deposit Rs.1,00,000/- before the concerned trial court with one surety, and upon depositing such an amount, the concerned authority shall release the applicant’s passport. The applicant shall have to surrender his passport by 1^st May 2025, and upon surrendering the passport, the trial court shall release the deposited amount of Rs.1,00,000/- to the applicant.

(c) During the said period, the applicant shall mark his presence through his learned advocate and shall not dispute any proceedings conducted in his absence during the aforesaid period.

6. Rule is made absolute to the above extent. Direct service is permitted.