Sanidhya Garg v. Government Of National Capital Territory Of Delhi

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6722/2025 & CM APPL. 57184/2025 FOR DIRECTIONS SANIDHYA GARG .....Petitioner Through:

Mr. Manmohan Malik, Mr. Abhishek Misra, Ms.

Astha Gumber, Advocates.

versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI .....Respondent Through:

Ms. Kiran Bairwa, APP with SI Pramod Kumar, DIU/South.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 19.09.2025 1.

This is a petition under Article 227 of the Constitution of India for setting aside the condition imposed upon the petitioner by the trial Court vide impugned order dated 04.09.2025.

2.

Petitioner is facing trial in case FIR No. 139/2019 under Sections 279/337/304A IPC and Sections 119/177 of Motor Vehicles Act. 3.

During the pendency of trial, petitioner filed an application for grant of no objection certificate for the purpose of issuance of passport. 4.

Learned counsel appearing for the petitioner submits that in view of the notification of the Government of India dated 25.08.1993, issued by the Ministry of External Affairs, no objection for the issuance of passport is required from the concerned person against whom criminal proceedings are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2025 at 12:01:53

pending before the Court. However, learned trial Court, while granting such no objection, placed a condition that petitioner shall not travel abroad without prior permission of the Court.

5.

It is further submitted that petitioner is not at flight risk or an absconder, and therefore, there is no justification for imposing such a condition that fetters the petitioner's right to travel abroad. 6.

Admittedly, all the offences in which the petitioner is being tried are bailable.

7.

Learned counsel for petitioner submits that while granting regular bail, the Court did not impose any such condition. 8.

Since no condition was imposed while granting bail, there is no justification for placing condition of prior permission for traveling abroad while granting no objection for the issuance of passport. 9.

Petition is, therefore, allowed and thereby the condition imposed in the impugned order dated 04.09.2025 that petitioner shall not leave the country without prior permission of the Court is set aside. However, it is directed that before travelling abroad, the petitioner shall furnish an intimation regarding the same before the trial Court along with complete schedule/itinerary.

RAVINDER DUDEJA, J SEPTEMBER 19, 2025/vd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2025 at 12:01:53