Gauhati High Court
Dibyajyoti Datta vs The Central Bureau Of Investigation on 20 April, 2026
Page No.# 1/4
GAHC010023542026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./203/2026
DIBYAJYOTI DATTA
S/O LATE PRAFULLA CHANDRA DUTTA, R/O NILGIRI LANE,
BAGHARBARI, SATGAON ROAD, PANJABARI, GUWAHATI, ASSAM, PIN
781037
PRESENTLY AT 10 THIRUVENGADAM STREET, ADYAR, CHENNAI, TAMIL
NADU, PIN 600020
VERSUS
THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY SPECIAL PP.
Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY
Advocate for the Respondent : SC, CBI,
BEFORE
HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
20.04.2026 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard learned counsel representing the CBI.
Page No.# 2/4 This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the quashing and setting aside of the email dated 30.01.2026 sent to the petitioner by the Head of Branch, ACB, CBI, Guwahati, by which the petitioner's application to travel to the USA (United States of America) between 06.06.2026 and 31.07.2026 was rejected.
It is stated that the purpose of the proposed visit by the petitioner is to attend the graduation ceremony of his son, who has been pursuing higher studies at the Department of Neurology at the University of Minnesota, USA, since June 2022 and the graduation ceremony is scheduled for 08.06.2026. Furthermore, the petitioner's son has been offered the position of Clinical Fellow at Harvard Medical School, USA, for one year beginning from 01.07.2026.
It is for the aforesaid purpose that the petitioner seeks to visit the United States for a period of approximately 2 (two) months. However, the prayer of the petitioner has been rejected by the CBI. The learned counsel appearing for the CBI submits that the voice sample of the petitioner is yet to be collected, and it is apprehended that if the petitioner is allowed to leave for the USA, he may not return, or, even if he returns, the process will be further delayed.
It is stated that the chargesheet has already been submitted in the case, and subsequently, a supplementary chargesheet has also been submitted, indicating the completion of the investigation.
The prayer for the petitioner to travel abroad had been made earlier on two occasions. This Court, by orders dated 20.12.2022 in Crl.Pet. No. 1082/2022 and 28.06.2024 in Crl.Pet. No. 617/2024, allowed the petitioner to travel to the USA, and on both occasions, the petitioner returned to India after his visit.
Page No.# 3/4 In the instant case, this Court, by order dated 29.10.2024 in Crl.Rev.Pet. No. 145/2020, had earlier set aside the order of the learned Special Judge, CBI, and allowed the CBI to collect voice samples of the petitioner. Subsequent thereto, a notice dated 26.11.2024 was issued to the petitioner. However, the petitioner has approached the Hon'ble Apex Court challenging the said order, and the matter is still pending before the Hon'ble Apex Court.
It is submitted by the learned counsel for the petitioner that there was an oral undertaking before the Hon'ble Apex Court that the CBI would not collect the voice sample of the petitioner during the pendency of the matter before the Hon'ble Apex Court. Therefore, although no stay order is in place restraining the CBI from collecting the voice sample or staying the order of this Court dated 29.10.2024, the CBI has not proceeded to issue any further notice to the petitioner to date, and in the meantime, a supplementary chargesheet has also been submitted.
Therefore, it is an admitted position that since the first notice dated 26.11.2024 issued by the CBI for collecting the voice sample pursuant to the order of this Court dated 29.10.2024, no further notice has been issued to the petitioner during the pendency of the matter before the Hon'ble Apex Court, and the matter is still pending before the said Hon'ble Court. It is also evident from the record that the petitioner was allowed to go to the USA on two earlier occasions, and on both occasions, he returned.
Since the CBI has not issued any further notice to the petitioner for the collection of a voice sample during the pendency of the matter before the Hon'ble Apex Court, there is no reasonable ground on which to refuse the prayer of the petitioner to visit the USA for the stated purpose indicated above.
Page No.# 4/4 Accordingly, the prayer is allowed on the following conditions:
The petitioner shall give the details of his itinerary, his address, phone number, and contact details to the concerned Court as well as the Investigating Officer, and will immediately report to the Investigating Officer upon his return from the United States of America. Further, the petitioner shall execute a personal bond of Rs. 1,00,000/- (Rupees one lakh) only before the learned Special Judge, CBI, Assam, Guwahati. Further, the bail conditions imposed vide order dated 11.04.2022 are relaxed, and the learned Special Judge, CBI, Assam, Guwahati, is hereby directed to hand over the passport to the applicant. On his return from the United States of America, the petitioner shall deposit his passport before the learned Special Judge, CBI, Assam, Guwahati. Further, the petitioner is allowed to visit abroad/the United States of America only for the period w.e.f. 06.06.2026 to 01.07.2026 as stated above, and immediately upon his return, he will report before the Investigating Agency, i.e., the CBI.
The petition stands disposed of accordingly.
JUDGE Comparing Assistant