Urvashi Chudawala v. The State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2024.07.16 01:51:42 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Interim Application No.2487 of 2024 in Anticipatory Bail Application No.342 OF 2020 Urvashi Chudawala Aged 26 years, Adult Indian Inhabitant, Residing at 003, 13-B, Shreeji Splender Bramhand, Azad Nagar, Thane (West), Sandozbaug, Maharashtra-400 607 ...
Applicant.
v/s.
The State of Maharashtra At the instance of Azad Maidan Police Station, Mumbai.
...
Respondent.
--- Mr Swaraj Jadhav i/by Vijay Hiremath for the Applicant. Mr Amit A Palkar, APP, for Respondent/State.
Coram : R.N. Laddha, J.
Date : 15 July 2024 P.C. :
By the present application, the applicant seeks permission to travel to France from 5 August 2024 to 22 August 2024. The applicant has been granted anticipatory bail in connection with CR No.28 of 2020, registered with Azad Maidan Police Station, Mumbai, for the offences punishable u/s 124-A, 153-B, 505 r/w Section 34 of the Indian Penal Code, 1860.
2.
The applicant, Urvashi Chudawala, sought anticipatory bail from this Court. The Court granted her anticipatory bail, observing that the
slogans, she raised were not, prima facie, perceived as a threat to the integrity of the Nation. Additionally, there is no material that she shared Sharjil's alleged ideology, for which she has been charged. The applicant is a student actively involved in organising rallies to support LGBTQ+ rights. She has permanent roots in society and is a 22 years old, making her readily available for investigation. 3.
On 30 October 2021, the Court made the interim order absolute and granted anticipatory bail to the applicant. The operative part of the order reads thus:
ORDER
(i) The interim order dated 11.02.2020 is made absolute in the following terms and conditions; (a) The Applicant shall cooperate with the investigating agency;
(b) The Applicant shall appear before the investigating officer as and when directed.
(c) In the event, post completion of investigation the charge sheet is lodged against the applicant, the applicant shall attend the jurisdictional Court regularly.
(d) The applicant shall not leave the Country without prior permission of this Court, till the charge sheet or closure report is filed, and without the prior permission of the jurisdictional Court, after the charge sheet is lodged.
4.
Mr Swaraj Jadhav, the learned Counsel for the Applicant submits that the Applicant, a student pursuing a Masters degree in Media & Culture Studies, has been invited to participate in the 2024 Edition of
the UEEM Euro-Mediterranean Summer Universities. This prestigious event, supported by the Ministry of Europe and Foreign Affairs, is scheduled from 8 August 2024 to 19 August 2024 at Lycee Agricole Jean Monett in VIC-en-Bigorre(65), France. As part of this programme, the applicant will collaborate with the organisation, local coordinators and the international community, engaging in workshops, discussions, collective organisations, film screenings and performances.The President of the UEEM has formally invited the Applicant to join the 2024 Euro-Mediterranean Summer Universities. Although an FIR has been filed against the Applicant, an Indian citizen with an Indian Passport should not automatically prohibit the applicant from travelling abroad.
5.
Mr Amit Palkar, the learned APP, does not contest that the applicant has been cooperating with the investigation. Furthermore, on instructions, the learned APP fairly states that the applicant's prayer to travel abroad can be allowed for a specified duration. 6.
Considering the peculiar facts of the case, the application is allowed, and the applicant is permitted to travel abroad to France from 5 August to 2024 to 22 August 2024. The Applicant shall furnish an undertaking to the Registry of this Court that she will come back to India during the said period.
7.
The application stands disposed of accordingly. [R.N.Laddha,J.]