Allahabad High Court
Baldev Raj Arora vs Central Bureau Of Investigation / Acb ... on 25 October, 2024
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:72503 Court No. - 11 Case :- APPLICATION U/S 482 No. - 9674 of 2024 Applicant :- Baldev Raj Arora Opposite Party :- Central Bureau Of Investigation / Acb Naval Kishore Lko. Counsel for Applicant :- Purnendu Chakravarty,Anuuj Taandon Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Purnendu Chakravarty, learned counsel for the petitioner and ShriAnurag Kumar Singh, learned counsel for C.B.I./opposite party.
2. By means of this petition, the petitioner has prayed following main reliefs:
"WHEREFORE it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the application filed under section 528 Bhartiya Nagrik Suraksha Sanhita 2024 (BNSS) Corresponding to Section 482 Cr.P.C. and accordingly modify the conditions no. (i) and (iv) imposed vide order dated 19.12.2013 passed in Bail Application No. 7625/2013 in the facts and circumstances stated above related to Criminal Case No. 06/2013 arising out of RC No. 13 (A) / 2011 dated 15.07.2011, registered by the CBI/ACB in the interest of justice."
3. Attention has been drawn towards annexure no. 3 which is a bail order dated 19.12.2013 being granted by this Court in favour of the present petitioner passed in Bail Application No. 7625 of 2013. While granting bail to the present petitioner/applicant, this Court imposed four conditions which read as under:
"(1) The applicant shall not leave the Country during the trial without prior permission of the trial court.
(2) The applicant will fully co-operate in expeditious disposal of the trial.
(3) The applicant will not seek any unnecessary adjournment at the time of evidence and framing of charges.
(4) The applicant will submit his passport before the trial court."
4. Learned counsel for the petitioner has stated that the present petitioner is an old aged person of 76 years and he may likely to travel abroad for the purposes of treatment etc. or to visit some of his relatives, therefore, the condition nos. 1 and 4 may be relaxed and the passport of the petitioner, which has been submitted before the trial court in compliance of the order dated 19.12.2013, may be returned to him so that he could get it renewed and may travel abroad after taking prior permission from the learned trial court concerned. Though the trial is not going on as on today i.e., 25.10.2024 for the reason that in compliance of the order of this Court dated 17.12.2021 in Petition U/S 482 No. 3274 of 2018 and order dated 01.10.2024 passed by the Hon'ble Apex Court in Special Leave to Appeal (Criminal) No. 4006-4008 of 2022 in re: The State of U.P. vs. Giri Raj Sharma Etc., the learned trial court has stopped the trial proceedings.
5. On that, learned counsel for the opposite party has stated that the order of the trial court referred by the learned counsel for the petitioner is 13.5.2022, therefore, he has no instructions as to whether the trial is going on or not as on today i.e., 25.10.2024 but so far as the request of the present petitioner that his passport be returned to him so that he could get it renewed and utilize the same, in case it is so required, is concerned, he has no objection but if the trial is proceeded, the petitioner should cooperate in the trial proceedings.
6. Having heard learned counsel for the parties and having perused the material available on record, I do not find any reason to keep this petition pending any longer, therefore, it is being disposed of finally at the admission stage directing the learned trial court to return the passport of the petitioner to him so that he could get it renewed and if the petitioner is willing to travel outside the country, he may do so after getting prior permission from the learned trial court concerned and the learned trial court may not refuse such request of the petitioner in a cursory manner.
7. It is also directed that if the trial proceedings start, the present petitioner shall cooperate in the trial proceedings and shall not avoid such proceedings, failing which any appropriate order may be passed by the learned trial court securing presence of the present petitioner in the trial proceedings.
8. In view of the aforesaid terms, the petition under Section 482 CrPC is disposed of.
Order Date :- 25.10.2024 Shravan