Anticipatory bail to be granted where no progress was made towards implicating the petitioner for a considerable period of time

High Court of Gujarat: A Single Judge Bench of  G.R. Udhwani J., decided  an application seeking modification of an order of the Sessions Court wherein the petitioner was bound by the condition, inter alia, not to leave India without permission of the court and to deposit the passport with the trial court.

The application was basically moved viewing the degree of inconvenience that was caused to the petitioner as a frequent release of the passport from the court concerned, with a purpose of frequent visit abroad was cumbersome and added hardship to the petitioner. Also, a period of almost 2 years had passed and no progress was made in discovering the material against the petitioner to implicate him in the alleged offences.

The application was thus allowed on the condition that petitioner would declare the details of one of his immovable properties with the Magistrate concerned and also will intimate the Magistrate regarding his movements beyond the territory of India with itinerary, if such an occasion arises. [Rajesh Kumar v. State of Gujarat, , decided  2018 SCC OnLine Guj 1273, order dated 02-05-2018]

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