IMPORTANT POINT
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.

JUDGMENT :

Hon'ble Raj Beer Singh, J.- Rejoinder affidavit filed today is taken on record.

2. Heard Sri Nipun Singh, learned counsel for the applicant and Sri Gyan Prakash, learned Senior Advocate/Deputy Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I and perused the record.

3. The applicant is accused in Case Crime No. RC2172017A0010, under Section - 120-B I.P.C. read with Section - 8 of Prevention of Corruption Act, 1988 and Section - 8 of Prevention of Corruption, 1988 registered at Police Station - SPE/CBI/ACU-V/New Delhi, which is pending before the Court of Special Judge, (P.C. Act/CBI), Ghaziabad. The applicant was granted bail by this court vide order dated 26.04.2018, passed in Criminal Misc. Bail Application No. 14560 of 2018 subject to following conditions :-

''(i) The applicant shall surrender his passport with the trial judge during pendency of the trial;

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.''

4. In the present application under section 482 CrPC, the applicant seeks deletion of above referred first condition that applicant shall surrender his passport with the trial judge and release of his passport.

5. Learned counsel for the applicant submitted that the aforesaid case is pending since 2018 and during pendency of case, the applicant-accused has already visited abroad for two times with the permission of trial court but every time he has to seek release of his passport for going abroad and after travelling he is required to deposit the same with trial court, which causes unnecessary hardship to him. It was further submitted that the applicant has received an invitation from Mom Travel & Tourism LLC in the first half of January, 2024 to visit Dubai. The case would take sufficient long time in disposal and that the applicant-accused is often required to visit abroad to pursue his business pursuits, hence the aforesaid condition that ''The applicant shall surrender his passport with the trial judge during pendency of the trial;'' may be dispensed with, so that the applicant's business interest may not be affected.

6. Learned counsel for the applicant submitted that the instant application under Section - 482 Cr.P.C. for seeking prayer to waive the said condition is not hit by the provisions of Section - 362 Cr.P.C. and in this connection, learned counsel for the applicant has referred case of Jagdish Arora vs. Union India (MCRC NO.4923 of 2022), decided by the Division Bench of Madhya Pradesh High Court on 01.04.2022, wherein in the similar facts such condition was waived by the High Court. It was also submitted that it is case of n