Order 46

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF MS. ANJU BAJAJ CHANDNA
PRINCIPAL DISTRICT & SESSIONS JUDGE-CUM-SPECIAL
JUDGE (PC ACT) CBI ROUSE AVENUE DISTRICT COURTS NEW
DELHI
CNR No. DLCT11-000420-2022
CBI V. Dr. M. P. Singh & Ors. (Rajesh Mishra)
IA No. 07/2024 CBI No. 41/2022
RC No. 06A/1999/CBI/SPE/Silchar
04.10.2024
Present: Sh. A. K. Kushwaha, Ld. Sr. PP for CBI.
Accused Rajesh Mishra on bail (through VC)
Sh.Kanhaiya Singhal, Sh.Ujwal Ghai and Sh.Ajay
Kumar, Ld. Counsels for accused/applicant Rajesh
Mishra.
On behalf of accused Rajesh Mishra, an application
seeking extension of permission to remain abroad for further period of
six months has been filed.
Reply to the said application filed by CBI.
It is stated in the application that the accused Rajesh
Mishra is working as sales consultant in the company M/s Lindsay
Volkswagen, USA for earning his livelihood. It is further stated that
accused is also having OCI card issued by Govt. of India. His whole
family including wife, four minor children are dependent upon him.
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Vide order dated 15.03.2024, accused Rajesh Mishra
was permitted to travel USA during the period from 21.04.2024 to
20.10.2024 subject to the conditions stipulated in the order.
Heard and considered. Accused has been joining
through VC on every date of hearing. His physcial presence can be
dispensed with during the examination of prosecution witnesses. In
the totality of facts and circumstances, the application is allowed and
the accused Rajesh Mishra is permitted to travel to USA during the
period from 21.10.2024 to 20.04.2025 on fulfilling the following
conditions:

Accused shall furnish security in the form of FDR/bank
guarantee for a sum of Rs. 2 Lakhs (Two Lakhs Only) in the
name of Court i.e. Ld. Principal District & Sessions Judge-
cum-Special Judge, CBI, (PC Act), Rouse Avenue District
Courts, New Delhi along with one surety bond of Rs.1 Lakh
(One Lakh only) to the satisfaction of this Court.

In any eventuality, accused will not request for extension for
staying abroad.

He shall neither tamper with the evidence nor try to influence
any witness in any manner and will not use the permission
granted to him contrary to the rules.

This permission shall be subject to other applicable rules and
will not be deemed as directions to any other authority except
the permission from the side of the court.

He will submit the address of his stay in USA along with
telephone/contact numbers and e-mail address/s.

He will also submit the names and addresses, e-mail addresses
and contact numbers of his mother, brothers and married sister.

He will file a special Vakalatnama of an advocate who shall
mention his address, contact number and e-mail address on that
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special Vakalatnama and shall appear before the court in his
absence and conduct the proceedings in the present case.

His surety / Ld. Counsel will undertake to accept notice(s), if
any, on behalf of the accused in his absence.

He will not create any third party interest in any of his
immovable properties situated in India or abroad without
permission of the court during this period.

Neither he nor his counsel will object to the carrying of the
trial/inquiry during the absence of accused.

He shall not dispute his identity during the recording of his
evidence.

He shall join the proceedings during evidence through video
conferencing.

In case of any of the above conditions are violated, the bank
guarantee / FDR / surety bond amount shall be forfeited to the
State.

LOC shall remain suspended till 20.04.2025.

The accused shall surrender his passport and OCI Card before
the court within 48 hours of his return to India.
Application is disposed of accordingly.
Copy of order be given
dasti to the Ld. Counsel for
applicant/accused.
(Anju Bajaj Chandna)
Principal District & Sessions Judge-
cum-Special Judge (PC Act) (CBI),
Rouse Avenue District Court
New Delhi/04.10.2024
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