Right to travel abroad under bail may be relaxed with safeguards when liberty and trial attendance are both protected.

The Court considered whether a bail condition requiring prior permission before foreign travel should be relaxed in light of Article 21 and the right to travel abroad. It held that while bail conditions may reasonably secure the accused's for investigation and trial, they must remain proportionate and linked to those objectives. Balancing the petitioner's travel history and compliance against the need for availability to the process, the Court modified the restraint. The petitioner was allowed to travel abroad without seeking permission for each trip, subject to an undertaking, advance disclosure of travel particulars, and continued availability for investigation or trial.

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Issues: Whether the condition requiring prior permission of the Court before travelling abroad, imposed as a bail condition, deserved modification so as to permit foreign on an undertaking and disclosure of travel particulars.

Analysis: The condition restricting travel abroad was examined in the light of the petitioner's personal liberty and the settled principle that the right to travel abroad forms part of Article 21 protection. At the same time, the Court recognised that bail conditions may validly secure the presence of the accused, prevent interference with investigation, and protect the interests of justice. The applicable statutory framework permits the Court to impose reasonable conditions while granting bail, including conditions relating to availability for interrogation and restriction on leaving India without permission. The Court balanced the petitioner's frequent foreign travel and prior compliance against the need to ensure participation in investigation and trial. It found that the restrictive condition could be relaxed with safeguards.

Conclusion: The prior-permission condition was modified. The petitioner was permitted to travel abroad without seeking the Court's permission each time, subject to furnishing an undertaking to remain available for investigation or trial, supplying travel details in advance, and complying with the additional safeguards imposed.

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