Bail conditions and foreign travel: restrictions must be proportional and linked to real risk, not imposed arbitrarily.

Conditions imposed on bail must be reasonable, proportionate, and directly connected to securing the accused's presence and protecting the administration of justice. They cannot arbitrarily restrict personal liberty or the right to travel abroad unless the restriction is justified by a real risk of evasion or prejudice to the criminal process. On the facts described, the accused's repeated India-United States travel and substantial links with India did not show a genuine risk of absconding, so refusal of short travel was unjustified and permission to travel for eight weeks, subject to undertaking and conditions, was warranted.

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Issues: Whether, while the accused was on temporary bail, the conditions imposed by the High Court could validly prevent him from travelling abroad for a limited period to protect his immigration status and whether such permission should be granted on the facts of the case.

Analysis: The discretion to impose conditions while granting bail must be exercised to secure the administration of justice, ensure the presence of the accused, and prevent misuse of liberty. Such conditions must bear a reasonable and proportional relationship to the purpose for which they are imposed and cannot be arbitrary, onerous, or unrelated to the fairness of investigation or trial. The right to travel abroad is an important facet of personal liberty and may be regulated, but the restriction must be justified by the actual risk of evasion or prejudice to the criminal process. On the facts, the accused had repeatedly travelled between India and the United States, maintained substantial links with India, and the material did not show that permitting a short travel would create a real risk of absconding.

Conclusion: The refusal to permit travel was unjustified, and the accused was held entitled to travel to the United States for eight weeks, subject to an undertaking and compliance with the specified conditions.

Ratio Decidendi: Conditions attached to bail must be reasonable, proportionate, and connected to securing the accused's presence and the proper administration of justice; they cannot arbitrarily curtail the right to travel abroad where the risk of evasion is not established.

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