The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.

JUDGMENT :

S.K. SAHOO, J.

1.The petitioner Indrajit De filed a petition on 02.11.2023 before the Special C.J.M. (C.B.I.), Bhubaneswar in S.P.E. No.05 of 2014 for temporary release of his original passport in his favour and to allow him to visit USA for two months.

2. The petitioner was charge sheeted under sections 120-B/420/409 of the Indian Penal Code (hereafter “I.P.C.”) and sections 4, 5 & 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short ‘1978 Act’) on the accusation that in the year 2009-2010, an amount of Rs.2.05 Crores was transferred to the bank account of M/s. Eden Infra Projects Pvt. Ltd., i.e., the company of the petitioner from the bank account of M/s. Tower Infotech Ltd. After cognizance of offences was taken, when in obedience to the summons issued by the learned trial Court, the petitioner appeared before the Court on 09.10.2023 and applied for bail, on the very day, he was directed to be released on bail with following terms and conditions:-

i) He shall furnish cash security of Rs.5,00,000/- (rupees five lakhs);

ii) He shall surrender his passport before the Court;

iii) He shall not tamper with the prosecution evidence in any manner whatsoever;

iv) He shall not default in personal attendance of Court as and when required.

3. The petitioner deposited his original passport bearing no. Z6948595 and also complied with other terms and conditions and accordingly, his bail bonds were accepted.

4. The petitioner filed a petition on 02.11.2013 for temporary release of his original passport for a period of two months to visit USA to take care of his old ailing mother-in-law, who was almost in death bed. It is further stated that the wife and minor daughter of the petitioner were residing at USA and the petitioner was a regular visitor to USA and green card holder and during investigation, the petitioner visited USA on various occasions to meet his family and therefore, there is absolutely no chance of his absconding to evade trial and the presence of the petitioner with his family in USA was highly essential.

5. On behalf of the C.B.I., objection was filed to such petition, wherein it is stated that the petitioner has misappropriated public money and there is prima facie material against him for commission of economic offence and the petitioner was going abroad without appearing in the learned Court after service of summons and was stopped by Immigration Authority in the Kolkata Airport and that he had not intimated to the learned trial Court for such travelling and his conduct was highly suspicious and there was every chance on the part of the petitioner not to return back to India once he is permitted to travel abroad.

6. The learned trial Court vide impugned order dated 06.12.2023 has been pleased to hold that in view of the ratio laid down by the Hon’ble Supreme Court in case of Aman Preet Singh -Vrs.- C.B.I. through Director reported in (2022) 13 Supreme Court Cases 764, condition was imposed for surrender of the passport of the petitioner as a condition for bail with intention to restrict him from fleeing from the reach of the Court by using his passport. It is further held that since the allegation against the petitioner is that he had misappropriated a huge amount of money received from the gullible investors, by entering into criminal conspiracy with other co-accused persons, he should not be allowed to move away from the reach of the Court. The Court further held that one of the conditions of the bail order of the petitioner was that he should not default in personal attendance in the Court as and when required and therefore, the passport of the petitioner coul