IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR MODIFICATION ORDERS) NO.

786 of 2026 ==========================================================

ANGURBHAI JAGUBHAI PATEL Versus STATE OF GUJARAT ==========================================================

Appearance:

MR PARTHIV B SHAH(2678) for the Applicant(s) No. 1 MR MANAV A MEHTA(3246) for the Respondent(s) No. 1 MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 10/02/2026

ORAL ORDER

1. Heard learned Advocate Mr. Parthiv B. Shah for the applicant, learned APP Mr. Trupesh Kathiriya for the respondent-State and learned Advocate Mr. Manav Mehta for the original complainant.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. By way of this application, the applicant seeks for suspension of conditions imposed by the learned Sessions Court, Dholka vide order dated 13.03.2024, in Criminal Misc. Application No.558 of 2023, while granting anticipatory bail to the applicant, whereby the applicant was directed to deposit his passport before the learned Trial and not to leave India without prior permission of the learned Trial Court and hence, the applicant has approached this Court for release of the passport and for permission to travel abroad.

4. Considering the submissions made by learned Advocate for the applicant, it would appear that the applicant is USA citizen, more particularly even after the order of release on anticipatory bail, it would appear that the applicant had approached the learned Trial Court for being permitted to travel abroad and the same having not been granted, the applicant had approached this Court and learned Co-ordinate Bench of this Court vide an order dated 06.02.2025 in Criminal Misc. Application No. 2596 of 2025, had been pleased to keep the conditions in abeyance for a period of one year and whereas the applicant was required to deposit an amount of Rs.2,00,000/-. This Court has also considered the submission that while the order of the learned Co-ordinate Bench was dated 06.02.2025, the Investigating Officer has filed charge-sheet on 12.02.2025, more particularly serious allegations being levelled in the charge-sheet.

5. Considering such a position, while this Court is inclined to permit the present applicant to travel to USA, more particularly since he is employed in the said country and his family members are residing in the said country, yet, appropriate safeguard are required to be imposed so as to ensure that the applicant attends the trial, as and when required. This Court has also considered the voluntary statement made by learned Advocate Mr. Shah that the applicant to show his bona fide is ready and willing to deposit an amount of Rs.10,00,000/- with the learned Trial Court, which amount shall stand as a surety for the applicant to return back to attend the trial, as and when necessary.

6. Having regard to the same, the following directions are issued.

(i) As a pre-condition the applicant shall deposit an amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) with the learned Trial Court and after depositing the said amount, the learned Trial Court shall release the passport of the applicant and the applicant is permitted to retain the passport till the 1^st March, 2028 and to travel to USA. Upon the said amount being deposited, the same shall be invested in a fixed deposit.

(ii) The applicant shall furnish his residential address of USA, Email ID and Phone numbers, which he will be using in USA to the learned trial Court as well as to the Investigating Officer and whereas in case the presence of the applicant is necessary during the course of trial, upon an appropriate intimation being sent, the applicant shall return to India without fail for the purpose of attending the trial. In case the applicant does not return to India upon an appropriate summon being issued by the learned Trial Court