Vinay Rai v. Central Bureau Of Investifation

$~108 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6506/2019 VINAY RAI ..... Petitioner Through:

Mr. Ramesh Gupta. Sr. Advocate with Mr. Shakeel Ahmad, Mr. Ajay P. Tushir, Mr. Sahil Malik and Mr.

Shailendra Singh, Advocates.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through:

Mr. Anupam S. Sharma (SPP-CBI) with Mr. Prakarsh Airan, Mr. Pankaj Chaudhary, Mr. Apoorv Bansal and Mr. Praikshith Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 28.02.2020 1.

The petitioner has filed the present petition U/s 482 Cr.P.C. with the following prayers :

"a.

Set aside the impugned order dated 05.12.2019 passed by Shri Anil Kumar Sisodia, Ld.

Special Judge (PC Act) CBI-07, Rouse Avenue Courts, New Delhi in CC N. 122 of 2019 titled as CBI Vs. Champak Banerjee & Ors.

b.

Permit the applicant to travel abroad Cairo (Egypt) from 19.01.2020 to 22.01.2020.

c.

Permit the applicant to travel abroad Ljubljana (Slovenia) from 05.02.2020 to 09.02.2020.

d.

Permit the applicant to travel abroad Cairo (Egypt) from 02.03.2020 to 11.03.2020."

2.

Vide order dated 05.12.2019, the petitioner's application dated 26.11.2019 seeking permission to travel abroad was dismissed on the ground that petitioner's object to deliver talks / lectures in the proposed conferences can be easily achieved by using the latest technology i.e. video conferencing instead of going abroad every month.

3.

In the instant case, previously also, the petitioner was granted permission to travel abroad vide orders dated 17.01.2019, 19.02.2019, 13.05.219, 22.07.2019 and 28.09.2019. 4.

The petitioner has filed his affidavit dated 10.02.2020 in response to the documents placed by the CBI before this Court on 30.01.2020. In the said affidavit, the petitioner has undertaken that he will not misuse the liberty to travel abroad in any manner and to return India well within the stipulated permitted time during such travel.

5.

In view of the arguments advanced and keeping in view the fact that lastly vide orders dated 17.01.2019, 19.02.2019, 13.05.219, 22.07.2019 and 28.09.2019, the petitioner was permitted to travel abroad and complied with the terms and conditions and did not misuse the liberty granted to him. Therefore, in these circumstances, the petitioner is permitted to travel Cairo (Egypt) from 02.03.2020 to 11.03.2020 subject to following terms and conditions : a) He shall file itinerary in the court.

b) He shall furnish additional security of Rs. 2 Lakh in the form of FDR.

c) He shall inform about his arrival within 48 hours. d) In any eventuality, he will not request for extension for staying abroad.

e) He will not tamper with the evidence in any manner and will not use the permission granted to him contrary to the rules. f) He will submit the addresses of his stay in aforesaid place alongwith telephone/contact numbers with an undertaking that he will return to India and will appear before the Court in case any such instructions is conveyed to him telephonically or otherwise. g) He will file an undertaking before leaving the country that he will strictly comply with the terms and conditions of the order. 6.

The petition is disposed of accordingly.

7.

Order dasti.

RAJNISH BHATNAGAR, J FEBRUARY 28, 2020 Sumant