IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 In R/CRIMINAL MISC.APPLICATION NO. 2826 of 2022 ==========================================================

NIMESH RAJENDRAKUMAR MANGER Versus CENTRAL BUREAU OF INVESTIGATION ==========================================================

Appearance:

MR VIRAT G POPAT(3710) for the Petitioner(s) No. 1 MR RC KODEKAR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 10/02/2026

IA ORDER

1. The applicant has made an application for modification/relaxation of the condition imposed vide order dated 08.02.2022 passed by this Court in Criminal Misc. Application no. 2826 of 2022 under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant – accused was released on bail in connection with FIR no. RC0292021A0013 of 2021 registered with CBI/ACB Police Station, Gandhinagar for the offence punishable under Section 120B of the IPC and Section 7 of the Prevention of Corruption Act, 1988. The charge-sheet has been filed by the CBI before Special CBI Judge, City Civil and Sessions Court, Ahmedabad.

2. The applicant has stated that he had preferred Criminal Misc. Application no. 49 of 2024 before the Special CBI Court to get the custody of his passport for the renewal of his son’s passport, which came to be allowed and thereafter, he had again submitted his passport before the Trial Court and the passport is before the Court in Safe Custody no.97 of 2024 (passport no. T5891624).

3. Both sons of the applicant are studying in America and the elder son has the valid visa till 04.06.2029 who is graduating from Adelphy University, America, which would end in May, 2026 and the convocation is scheduled to be held around 21.05.2026 and the younger son is studying at University of Buffalo, New York City. The applicant, therefore, plans to visit the convocation ceremony of the elder son and also plans to visit his younger son at least once in a while or in any necessity. At present, he has booked the travel tickets with the return ticket between 14.04.2026 and 27.05.2027. The wife of the applicant is also traveling along with him. A copy of the travel tickets along with ticket of his wife is produced on record at Annexure-E. The applicant has also stated that his Visa ends on 08.02.2027 and for the renewal purpose too, he would be in need of the passport, which is valid till

30.04.2029.

4. Mr. R.C. Kodekar, learned advocate for the respondent, taking objection to the application, stated that the trial is pending against the applicant and if the passport is permitted to be handed over in the custody of the applicant, then, he may flee away from the territorial jurisdiction of India and may not attend the trial. Mr. Kodekar also stated that if at all the Court considers that the applicant should attend the convocation ceremony of the elder son and the educational place of the younger son, then, some amount is required to be deposited as a surety so as to put the check on the applicant.

5. Necessary supporting documents are placed on record. The applicant proposes to visit America and has booked the travel tickets with the return ticket from 14.04.2026 to 27.05.2027. Prayer is made to give him the custody of the passport and to permit him to travel outside India for a period of three years.

6. The case is still pending. Though the learned advocate for the applicant submitted that they would not seek any adjournment during examination of the witness, nor would take any objection regarding identification of the applicant, still however, the applicant, as an accused, is required to remain present before the Trial Court during pendency of the matter and hence, conditions no.5[c] and 5[d] imposed vide order dated 08.02.2022 passed by this Court in Criminal Misc. Application no. 2826 of 2022 are suspended till 01.06.2027. The Trial Court is directed to hand