AMARJOT BHATTI, J.

1. Petitioner Ramesh Sanka filed petition under Section 528 of BNSS, 2023 (earlier Section 482 Cr.P.C.) for quashing and setting aside impugned order dated 02.04.2026 (Annexure P-1) passed by learned Additional Sessions Judge, Gurugram vide which anticipatory bail granted in favour of present petitioner vide order dated 24.04.2020 by Duty/learned Additional Sessions Judge, Gurugram has been cancelled, with further direction to surrender before the Court within a period of three weeks in FIR No. 58 dated 30.03.2020 under Section 381 and 409 IPC (Section 306 & 316(5) BNS, 2023) registered at Police Station Sector-65, Gurugram (Annexure P-2), with further prayer to stay the operation of aforesaid impugned order or any other relief which the Court may deem fit in the given facts and circumstances of case.

2. Learned counsel representing petitioner argued that on the complaint of respondent No. 2, FIR No. 58 dated 30.03.2020 (Annexure P-2) (supra) has been registered. He was granted interim anticipatory bail by the Court of the then Additional Sessions Judge, Gurugram dated 11.04.2020 (Annexure P-3), which was made absolute by the then Additional Sessions Judge, Gurugram vide order dated 24.04.2020 (Annexure P-4). On 14.07.2020, on completion of investigation, when challan was submitted, petitioner surrendered and submitted himself to jurisdiction of trial Court and filed application for regular bail which was granted by the then Judicial Magistrate Ist Class, Gurugram vide order dated 14.07.2020 (Annexure P-5). Complainant filed multiple frivolous applications including application for cancellation of bail out of vengeance. He was further involved in number of cases as detailed in petition. After grant of regular bail, petitioner visited Dubai only for one day i.e. 03.02.2022 to 04.02.2022 for job interview in connection with his livelihood. He visited for second time to USA from 14.04.2022 to 22.04.2022 on account of personal emergency. His brother-in-law late Sh. Keshav Kalla was suffering from acute pancreatic cancer of fourth stage, who finally expired on 07.09.2022 in USA. Death Certificate is Annexure P-6. Petitioner was under bona fide belief that there was no requirement to seek prior permission from the Court, since he was no longer on anticipatory bail. His Advocate informed him that he was granted unconditional bail on 14.07.2020 (Annexure P-5). Petitioner had returned to India within a short span of time. No proceedings were being carried out during the period of his travel. He did not miss out any date of hearing before the trial Court. There was no intention on the part of complainant to flee from country. He never misused his liberty and returned back to India each time within a short period and participated in proceedings before the trial Court. Complainant filed application before trial Court on 26.04.2022 to confirm and verify his whereabouts. Trial Court directed him to furnish copy of his Passport. Copy of order dated 16.07.2022 is Annexure P-7. Petitioner had assailed said order by filing CRM-M-37989-2022 in High Court. Order passed in said petition dated 26.08.2022 is Annexure P-8. Thereafter, complainant filed application for cancellation of bail, which was declined by passing detailed order dated 05.11.2022 (Annexure P-9). Complainant filed another application on 24.11.2022 under Section 439(2) Cr.P.C. before Sessions Court for cancellation of bail on the ground that petitioner travelled abroad without prior permission of Court in terms of anticipatory bail granted in his favour. Said application is Annexure P-10. Reply filed by petitioner is Annexure P-11. Said application was finally accepted by learned Additional Sessions Judge, Gurugram vide impugned order dated 02.04.2026 (Annexure P-1). Learned counsel representing petitioner pointed out that while granting anticipatory bail vide order dated 24.04.2020 (Annexure P-4), conditions were imposed. However, at the time of presentat