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GAHC010224902024

2026:GAU-AS:5189

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./1306/2024

SUSHIL KUMAR VERMA S/O- RAMESH CHANDRA PRASAD, R/O- QTR. NO-436, NAMBARI RAILWAYS OFFICER COLONY, NEAR

GOSHALA MALIGAON, GUWAHATI-11, PERMANENT ADDRESS-

ALKAPURI, RATU ROAD, RANCHI (NEAR TARA GUPTA BUILDING)

JHARKHAND-834001

VERSUS

CENTRAL BUREAU OF INVESTIGATION O/O HEAD OF THE BRANCH, ANTI -CORRUPTION BRANCH (OPP. BALAJI TEMPLE) BETKUCHI, NH -37, GARCHUK-781035

Advocate for the Petitioner : MR. K KAKOTI, MS. BEAUTY BARO,MR R K MOUR,MR N PATIRI,MR J BORAH

Advocate for the Respondent : SC, CBI,

BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA

O R D E R

Date : 07.04.2026.

Heard Mr. R.K. Mour, learned counsel for the petitioner. Also heard Ms. M.

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Kumari, learned Standing Counsel appearing on behalf of the respondent CBI.

This is an application under Section 528 read with Section 483 of BNSS, 2023, praying for setting aside the order dated 30.07.2024 passed by the learned Special Judge, CBI, Assam, Additional Court No. 2 and seeking modification of bail condition imposed vide order dated 30.09.2022 in Special Case CBI No.

05/2022 (arising out of FIR No. RC2162022A0007, dated 12.06.2022.

It is submitted by Mr. Mour, the learned counsel for the petitioner that while passing the bail order dated 30.09.2022, the learned Special Judge, CBI had imposed five numbers of bail condition and out of which bail condition No.(v)

reads as under:

“(v) That the accused/petitioner shall not leave the jurisdiction of this Court until completion of further investigation, if any, without prior permission of this Court”.

Mr. Mour, the learned counsel for the petitioner accordingly submitted that the petitioner had to visit all over India for his official duty and that apart, his old ailing father resides in Bihar for which he had to visit frequently outside the State of Assam. In every occasion he had to make a prayer before the learned Special Judge for permission to leave the jurisdiction of the Court and in some occasions, even in urgency, the petitioner had to move an application before the Court. However, the learned counsel for the petitioner submitted that in every occasion he took prior permission and left the jurisdiction of the Court but in two occasions, due to some urgent situations, he had to leave the jurisdiction of the Court without making any prayer for permission and thereafter, he already informed the learned Trial Court below and his prayer was allowed with a cost of Rs.1,000/-. The learned counsel for the petitioner further submitted that the bail

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condition as imposed on the present petitioner is arbitrary and it also violates the right of the present petitioner guaranteed under Article 21 of the Indian Constitution. More so, the petitioner being an employee of the National Highway Authority of India, he is required to travel frequently to the nearby districts in Assam and Ribhoi District in Meghalaya for his professional exigencies but it is difficult on the part of the petitioner to take permission of the Court in each and every occasion, for which only he filed an application before the learned Special Judge praying for modification of the bail condition No.(v) as stated above but vide order dated 30.07.2024, the learned Special Judge had rejected the prayer for modification of the bail condition No.(v) of the bail condition vide order

dated 30.09.2022, while the bail order was passed for the petitioner.

Accordingly, Mr. Mour, the learned counsel for the petitioner submitted that the present petition is filed for setting aside and quashing of the order dated 30.07.2024, passed by the learned Special Judge, CBI in Misc. (CBI) Case No.6/2024, arising out of Special Case CBI No. 05/2022, dated 30.07.2024. However, the petitioner is ready to abide by all other conditions imposed by the learned Special Judge, CBI and in view of such condition, h