Ankur Agrawal Vs Union of India (Rajasthan High Court)
Rajasthan High Court modifies bail condition with regard to foreign travel to petitioner involved in alleged tax evasion of Rs. 8.75 crores. Accordingly, the petitioner is allowed to travel abroad with prior information taking note of no flight risk.
Facts- The present miscellaneous application has been filed by the accused/petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking modification/deletion of condition No. (i) and condition No. (ii) imposed by this Court while granting bail vide order dated 16.06.2025 passed in S.B. Criminal Miscellaneous Bail Application No. 6128/2025.
Conclusion- Held that looking to the nature of his work, the petitioner has to frequently travel abroad for business-related work as the machinery, parts thereof and raw materials required by the petitioner’s company are not available domestically at competitive prices or as per technical standards; (ii) the entire family of the petitioner, including his parents and spouse, are permanent residents of India, and the wife of the petitioner is also undergoing medical treatment in India, therefore, the petitioner is not at flight risk; (iii) the petitioner undertakes to regularly apprise the learned Trial Court of his movements and particulars of travel abroad; (iv) the petitioner is willing to furnish an enhanced security amount; (v) the petitioner’s passport is due for renewal and is about to expire on 27.12.2025; (vi) the Supreme Court has emphasized time and again of the sanctity of Article 21; and (vii) the alleged evasion of tax amounts to a total of Rs.8.75 Crores only, this Court is of the considered opinion that the peculiar facts surrounding the case of the petitioner and the submissions put forth for the petitioner have some substance. Therefore, taking an overall view of the case in the peculiar facts and circumstances, this Court deems it proper to invoke its inherent power under section 528 of BNSS to substitute/modify bail conditions imposed in para 9 of the order dated 16.06.2025.
