Court permits modification of bail condition for international travel, sets strict requirements

The court allowed the petitioner's petition to modify the bail condition restricting travel abroad without prior court permission. The petitioner was directed to furnish an undertaking to the Investigating Agency, inform them of travel plans in advance, provide a surety bond of ` one crore, and comply with conditions during the investigation or trial. Failure to adhere to these conditions could lead to revocation of the order.

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Issues Involved:
1. Interim Bail Conditions
2. Petitioner's Request to Travel Abroad
3. Modification of Bail Conditions
4. Legal Precedents and Personal Liberty

Detailed Analysis:

1. Interim Bail Conditions:
The petitioner was initially granted interim bail on 07.10.2017, subject to the conditions under Section 438(2)(i) to (iv) Cr.P.C. These conditions included making themselves available for interrogation, not making any inducement or threat, not leaving India without court permission, and seeking regular bail upon the presentation of the challan.

2. Petitioner's Request to Travel Abroad:
The petitioner sought permission to travel to the U.S.A. from 19.01.2018 to 09.02.2018. The court allowed this on 18.01.2018, subject to the petitioner furnishing necessary security and reporting back to the investigating officer upon return.

3. Modification of Bail Conditions:
The petitioner filed a petition to modify the bail conditions, particularly the restriction on traveling abroad without prior court permission. The petitioner argued that this condition affected his personal liberty guaranteed under the Constitution and caused unnecessary delays and wastage of court time. The petitioner had complied with all conditions during previous travels and had no incriminating evidence against him.

4. Legal Precedents and Personal Liberty:
The petitioner cited various judgments to support his argument, emphasizing the fundamental right to travel abroad as part of personal liberty under Article 21 of the Constitution. The court discussed the relevant sections of Cr.P.C., including Sections 437 and 438, which allow imposing conditions while granting bail to ensure the accused's availability for investigation and trial. The court acknowledged the balance between personal liberty and the necessity of the accused's presence for investigation and trial.

Judgment:
The court allowed the petition and modified the condition requiring prior court permission for traveling abroad. The petitioner was directed to furnish an undertaking to the Investigating Agency that he would make himself available during the investigation or trial as required. The petitioner was also required to inform the Investigating Agency/trial Court a week in advance of his travel plans, including details of his stay and travel dates. Additionally, the petitioner had to furnish a surety bond amounting to ` one crore. The court granted liberty to the CBI/trial Court to revoke this order if the petitioner failed to comply with the conditions at any point during the investigation or trial.

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