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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
MANEESH SHARMA
Ankur Agrawal, S/o Late Shri Naresh Chandra – Appellant
Versus
Union Of India, Through Principal Additional Director General, Directorate Of Goods And Services Tax Intelligence – Respondent
| Table of Content |
|---|
| 1. details of bail application and facts of case. (Para 1 , 2 , 3) |
| 2. petitioner seeks modification of bail conditions. (Para 4 , 5 , 6) |
| 3. opposition to modification by prosecution. (Para 7 , 8 , 9) |
| 4. court's considerations on maintainability and inherent powers. (Para 10 , 11 , 12 , 13 , 14) |
| 5. legal observations on personal liberty in bail context. (Para 17 , 18 , 19) |
| 6. balancing personal liberty and prosecution interests. (Para 20 , 21 , 22 , 23) |
| 7. modification of bail conditions decided. (Para 24 , 25 , 26) |
JUDGMENT :
MANEESH SHARMA, J.
1. The present miscellaneous application has been filed by the accused/petitioner (hereinafter referred to as the ‘petitioner’) under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’) seeking modification/deletion of condition No. (i) and condition No. (ii) imposed by this Court while granting bail vide order dated 16.06.2025 passed in S.B. Criminal Miscellaneous Bail Application No. 6128/2025.
2. Brief facts giving rise to the present application are that Case No. F.No.DGGI/INV/GST/2764/2023-Gr.C was registered against the petitioner for alleged offences under Sections 132 (1) (a), (e),
Bail conditions can be modified under inherent powers to prevent undue hardship to the accused while maintaining the integrity of the trial and respecting personal liberties.
The court affirmed its inherent power to modify bail conditions under Section 482 Cr.P.C. to ensure justice and prevent undue hardship to the accused.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
The right to travel abroad is protected under Article 21, and courts must avoid imposing onerous bail conditions.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
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