Anil @ Ashok Narendra Bohra v. The State Of Maharashtra

JOHNSON GONSALVES Date: 2024.12.13 20:28:47 +0530 SMITA JOHNSON GONSALVES

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No.5060 of 2024 In Anticipatory Bail Application No.1071 of 2012 Anil @ Ashok Narendra Bohra Aged 51 years, an adult, Indian residing at 91-B, Jupiter Building Altamount Road, Mumbai - 400026.

... Applicant versus The State of Maharashtra Through VP Road Police Station ... Respondent ---- Mr Kapil Dave, for the applicant.

Ms Supriya Kak, APP, for the respondent/ State. ---- Coram: R.N. Laddha, J.

Date: 13 December 2024.

P.C.:

Heard the learned Counsel for the parties.

2.

By this application, the applicant seeks permission to travel abroad from 19 December 2024 to 31 December 2024. The applicant has been granted anticipatory bail on 22 January 2013 in connection with CR No.3 of 2011, registered at VP Road Police Station, Mumbai, for offences punishable under Sections 406 and 420, read with 34 of the Indian Penal Code.

3.

Mr Kapil Dave, the learned Counsel appearing on behalf of the applicant, submits that the applicant and his family desire to travel to the United Arab Emirates for a vacation from 19 December 2024 to 31 December 2024. The applicant previously travelled abroad in 2017 with the Court's permission and returned to India. The applicant is not a flight risk and undertakes to return to India and comply with the conditions imposed by this Court. The learned Counsel further submits that the applicant has regularly attended the proceedings before the trial Court, and the applicant's travel will not cause any harm or prejudice to the respondent. 4.

Ms Supriya Kak, the learned Additional Public Prosecutor representing the respondent/ State, opposes the applicant's prayer for travel, citing the seriousness of the offence. However, the learned APP submits that if the applicant is allowed to travel abroad, suitable conditions may be imposed. 5.

Upon perusing the records, it is evident that the offence was registered in 2011, and the trial is pending to date. The applicant was permitted to travel abroad in 2017 for a vacation; after that, he returned to India. The objection raised by the prosecution cannot be sustained to curtail the applicant's right to travel merely on the grounds of the seriousness of the

offence. Given the above, the applicant is allowed to travel to the United Arab Emirates from 19 December 2024 to 31 December 2024 on the following terms:

(i) The applicant shall furnish an undertaking to the Registry of this Court that he will return to India during this period.

(ii) The applicant shall submit his travel itinerary, details of intended stay, and contact information to the investigating officer.

6.

The application stands disposed of accordingly. (R.N. Laddha, J.)