498a bail conditions
Yash Malik
(Querist) 02 April 2022
This query is : Resolved
Hi,
I am undergoing a false 498a case and I am a software engineer by profession.
High Court has given me anticipatory bail but has asked me to abide by the conditions as specified in section 438(2) crpc.
One of the conditions in 438(2) states that I am not allowed to leave India without previous permission of court.
However, it is the nature of my job and I have to travel outside India for work as and when job demands it.
Can anyone please advice that if I seek for court's permission to travel overseas, will I be given the permission?
And what max can happen if I leave India without prior permission from court?
Thanks,
Yash.
Dr J C Vashista
(Expert) 03 April 2022
You will have to (no option) seek prior permission of court to seek permission to travel abroad, if it is a condition imposed on you for grant of anticipatory bail, which is generally granted.
If you do not seek permission of the Court and travel abroad, which the Court comes to know, the order of granting anticipatory bail shall be withdrawn, cancelled and taken in custody.
Was there any need for applying and obtaining anticipatory bail in a case u/s 498A IPC especially post Arnesh Kumar Vs State of Bihar judgment passed by Hon'ble Apex Court ?
I do not find any reason, logic or legal requirement for applying and obtaining anticipatory bail in such a complaint case. However, it is your personal decision based on circumstances prevailing at that point of time and legal advise of your counsel.
Advocate Bhartesh goyal
(Expert) 03 April 2022
Court may grant you permission to travel out of India if such tour is official and if you do not seek prior permission the you have to face consequences as explained by senior expert Dr.Vashista.
Yash Malik
(Querist) 04 April 2022
Thank you soo much Sir.
@Dr JC Vashista - It is indeed a big mistake at our end that we applied for an anticipatory bail when there was no need for it.
It happened due to lack of knowledge and also we were misguided by our lawyer.
Can you please advice how to deal with this situation now as I have to travel at all cost otherwise it would be a huge blow to my career?
It is a life time opportunity and I have been offered a senior position in UK branch of my current organization.
What are the chances of getting the permission and should I route my petition to Supreme Court if in case permission from High Court is rejected?
Thanks,
Dr J C Vashista
(Expert) 05 April 2022
Presumably the anticipatory bail was granted by Sessions Court and not High Court as mentioned by you, please recheck. However, it do not make any difference.
Apply to the court granted AB for permission to travel abroad with copy of relevant records, which will be (normally) allowed without any hick-up.
