The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.

Virender Singh, J.

1. By way of the present petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), petitioner-Mehul Sukumaran has sought the permission of this Court to allow him to travel to Dubai, UAE, from 8^th December, 2024 to 15^th December, 2024, with a direction to the respondent-CBI to release his passport.

2. Brief facts, leading to the filing of the present petition, are as under:

2.1. The petitioner is facing trial in case FIR No. RC0962018A0003, dated 21^st June, 2018, registered under Section 12 0-B of the INDIAN PENAL CODE (hereinafter referred to as ‘IPC’) and Sections 7 , 12, 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, with CBI, ACB, Shimla, H.P.

2.2. The petitioner, when apprehending his arrest, in the aforesaid case, had approached this Court, by way of CrMP (M) No. 1172 of 2018, titled as Mehul Sukumaan versus CBI , seeking anticipatory bail, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’). The said petition was allowed by this Court, vide order dated 13^th November, 2018. In the said order, certain conditions were imposed, by the Court, which are reproduced, as under:

“i) That he shall not leave India without the prior permission of the Court.

ii) That he shall not leave the territorial limits of the State of Himachal Pradesh, without intimating the Investigating Officer.

iii) That he shall deposit his passports, if any, with the Investigating Officer.

iv) That in case of violation of any of the conditions, it is open for the respondent to move an application for cancellation of bail.”

2.3. In pursuance of the said directions, the petitioner has deposited his passport with the CBI.

2.4. It is the further case of the petitioner that he has also filed a petition, under Section 482 CrPC, seeking quashment of the abovesaid FIR, which has been registered as CrMMO No. 120 of 2022. The said petition is pending adjudication before this Court and in the said petition, the further proceedings in the case, in which, the petitioner has been named as accused, have been ordered to be stayed, by this Court, vide order, dated 4^th March, 2022, passed in CrMP No. 440 of 2022.

2.5. As per the further case of the petitioner, he is seeking permission of this Court to visit Dubai, UAE, for eight days, with effect from 8^th December, 2024 to 15^th December, 2024, in order to attend Global AI Show at Dubai, scheduled to be held on 12^th and 13^th December, 2024. In this regard, he has annexed the agenda of the said show as Annexure P-3 and the ticket of the show as Annexure P-4.

2.6. The petitioner has also given the undertaking that he will return back to the country on 15^th December, 2024.

3. On the basis of the above facts, indulgence of this Court has been sought, permitting the petitioner to travel to Dubai, UAE, from 8^th December, 2024 to 15^th December, 2024. In addition to this, a direction has also been sought to be issued to the respondent-CBI, to release his passport. The petition is duly supported by the affidavit of the petitioner.

4. When put to notice, the respondent-CBI has filed the reply, wherein, the factual position has not been disputed. It has also been admitted that the passport of the petitioner is with the respondent-CBI.

5. The prayer, so made, in the petition, has been opposed mainly on the ground that by way of the present petition, the petitioner intends to avail a chance to flee from the law of land and also to avoid facing trial, pending against him, before the learned trial Court. It has also been apprehended that there is every likelihood that the petitioner will jump the bail conditions, if per