Interim Order 118

Order Details: COPY OF ORDER
Pdf Text: CBI V. Abhishek Gupta & Ors.
RC-048 2024 S 0008
CBI No. 36/2025
IA No. 55/26
28.07.2026
Present: Sh. Satish Garg, Ld. Sr. PP for CBI.
Sh. Anirudh K. Gandhi, Ld. Counsel for the
applicant/A-10 Ashok Narang (through VC).
1. This is an application filed on behalf of applicant/A-10
Ashok Narang seeking permission to travel to Australia during
the period from 03.08.2026 to 03.11.2026.
2. Reply on behalf of CBI has been filed and copy of the
same is supplied to the Ld. Counsel for the applicant.
3. Ld. Counsel for the applicant submitted that applicant Ashok
Narang wishes to travel to Australia from 03.08.2026 to
03.11.2026 to visit her daughter at her residence 2 Boudicca
Drive, Forrestdale, Perth, WA 6112. It is also stated that applicant
was granted bail vide order dated 07.07.2025 as per which he
requires to obtain prior permission for foreign travel. It is further
submitted that since grant of bail on 07.07.2025, there has not been
a single allegation of breach of any condition imposed by the court.
The applicant has remained available to CBI and this court
whenever required. Applicant also undertakes to remain available in
connection with the present proceedings throughout the period of
travel.
-- 1 of 4 --
4. Ld. Senior Public Prosecutor appearing for CBI had submitted
that the Ministry of External Affairs issued GSR 570 (E) dated
25.08.1993, in order to give relief to such applicants against
whom criminal proceedings are pending before any Court of law
in India but who need to travel abroad for some urgent business/
exceptional circumstances. It is further contented by Ld. Senior
PP that accused has sought permission citing reasons which do
not appear to fall under the category of urgent or exceptional
circumstances as contemplated under the relevant rules and
notification. The accused is facing serious criminal proceedings
before this Hon’ble court, and if permitted to travel aboard, there
exits a genuine apprehension that he may flee from India and
may not return, thereby hampering the ongoing trial and the due
process of law.
5. I have heard the Ld. Counsel for applicant and Ld. Sr. P.P. for
CBI and have also gone through the records.
6. In the present case, it is apparent on perusal of record that the
charge sheet in the present case was filed and cognizance of
offences under sections 105, 61 (2) of BNS, 2023 was taken vide
order dated 04.12.2024 and the applicant was granted regular bail
vide orders dated 07.07.2025.
7. It is apparent from the reply filed by the prosecution as well as
from the record that after grant of bail to the applicant, the
applicant has never been accused of having attempted to avoid
joining the investigation or had not cooperated with the
investigations or had tried to flee from the country. However,
-- 2 of 4 --
taking into consideration the apprehension of the investigating
agency of the accused fleeing from justice, a balance needs to be
drawn between the apprehension of CBI of applicant fleeing
from justice viz-a-viz right of applicant to travel abroad.
8. In view thereof permission is granted to applicant Ashok
Narang to travel to Australia for 45 days from 03.08.2026 to
16.09.2026 subject to following conditions:-
(i) That he shall furnish the itinerary of his visit to
this court.
(ii) That he will not try to influence the witnesses if
any, in the country that he is visiting,
(iii) Applicant shall report his arrival to India to
this Court immediately on his return i.e. within a
period of two days.
(iv) He shall not visit any other country during the
said period.
(v) He shall submit complete address of his
stay/copy of tickets along with the active mobile
number in Australia, Perth to the IO/HIO through
Ld. P.P. before his departure.
(vi) He shall furnish additional FDR in the sum of
Rs.7 lakhs in his name prior to his departure and
-- 3 of 4 --
shall also furnish an NOC from his surety in the
Court. It is clarified that the same shall be forfeited
to the State in case any of the information
furnished by the applicant is found to be incorrect
as per verification, if any, at the end of the CBI,
any state.
(vii) In no eventuality, his request for extension for
staying abroad shall be entertained.
(viii) This permission shall be subject to any other
applicable rules and shall not be deemed as
directions to any authority except for showing the
permission from this court only.
The present application is accordingly disposed off.
Copy of this order be given
dasti to the applicant as well as to the
Senior PP for CBI.
(Dinesh Bhatt)
Principal District & Sessions Judge-
cum-Special Judge (PC Act) (CBI),
Rouse Avenue District Court
New Delhi/28.07.2026
-- 4 of 4 --