High Court of Gujarat
HITEN RAMESHBHAI VASANTversusSTATE OF GUJARAT
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- P M RAVAL
Holding
The Court allowed the application, permitting temporary release of the passport subject to a security deposit and specific conditions.
Summary
The petitioner, Hiten Rameshbhai Vasant, was granted anticipatory bail in a case involving alleged offences under Sections 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code, with a condition that he not leave India without court permission and that his passport be deposited with the trial court. He now seeks a temporary release of his passport to travel abroad with his family from 4 June 2026 to 27 June 2026, arguing that he has previously complied with the bail conditions and that the investigating officer has not yet filed a charge‑sheet. The State opposes the request, citing the gravity of the offences and the risk that the accused may not return for trial. The Court, emphasizing the presumption of innocence and the applicant’s prior compliance, held that the request could be granted provided strict safeguards are imposed. Accordingly, the Court ordered the passport to be released on payment of a security deposit of Rs 1,50,000 and subject to detailed itinerary, an undertaking to be present for trial, and other conditions, with forfeiture of the deposit for any breach.
Issues considered
- Whether the condition of anticipatory bail prohibiting the accused from leaving India can be modified to allow temporary passport release for foreign travel.
Legislation cited
- Indian Penal Code, 1860s. 114, s. 120(B), s. 465, s. 467, s. 468, s. 471
Subjects
anticipatory bailpassport releasetravel abroadbail conditionspresumption of innocenceIndian Penal Codecriminal procedure
Judgment
R/SCR.A/7619/2026 ORDER DATED: 02/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7619 of 2026
==========================================================
HITEN RAMESHBHAI VASANT
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
IG JOSHI(8726) for the Applicant(s) No. 1
ROHAN RAVAL APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 02/06/2026
ORAL ORDER
1. Issue Rule. Learned APP waives service of Rule for
Respondent State. By consent, Rule is fixed forthwith.
2. By virtue of the present application, the applicant-
accused has prayed for releasing his passport and to allow
him to leave the territory of India from 04.06.2026 to
27.06.2026 in connection with the matter arising out of FIR
bearing I-CR No. 39/2019 registered with Vivekanand Police
Station for the offences punishable under Section
465,467,468,471,120(B) and 114 of the Indian Penal Code. It
has been averred that the present applicant was enlarged on
anticipatory bail in connection with the aforesaid offences by
Hon’ble High Court of Gujarat vide order dated 27.08.2020
passed in Criminal Misc. Application No. 23323 of 2019 upon
certain conditions, whereby, condition no. (f) is to the effect
that “ not leave India without permission of the Court and if
having passport shall deposit the same before the Trial Court
within a week” and in compliance of the said condition, the
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R/SCR.A/7619/2026 ORDER DATED: 02/06/2026
applicant had deposited his passport before the Nazir of Trial
Court. It has been averred that the present applicant is
engaged in Tranport business and is also running an NGO.
Due to which, time and again, he has to travel aborad. It has
been averred that in the present offence, the investigating
officer, has not submitted charge sheet till today. It has been
further averred that the applicant – accused intends to travel
to abroad between 04.06.2026 to 27.06.2026 for touring with
his family, for which, he is in need for his passport. It has
been averred in the present application that earlier also, his
passport was released for temporary period and he was
granted permission to travel abroad, but, he never misused
any liberty granted in his favour and has complied with terms
and conditions imposed by the hon’ble High Court. With these
submissions, it has been prayed that present application may
be allowed.
2. Ld. Advocate for the applicant – accused has argued as
per the averments made in the present application.
3. On the other hand, learned APP has vehenmtly opposed
the present application on account of gravity and seriousness
of the offence as well as apprehension that the applicant –
accused will not return back to India to face his trial.
4. Heard learned Advocates for the respective parties and
have also gone through the entire case papers.
5. At the outset, it is worthwhile to mention here that the
applicant – accused is praying for modifying the condition for
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R/SCR.A/7619/2026 ORDER DATED: 02/06/2026
the purpose of visiting abroad for touring with his family
between 04.06.2026 to 27.06.2026. No doubt the present case
has been registered against him, yet a cardinal rule of criminal
jurisprudence is that he is presumed to be innocent till
convicted. It is also worthwhile to mentiond here that ealrier
the the applicant – accused was permitted to travel aborad,
but, no incident has been brought to the notice of this Courrt
that he has breached any conditoins mposed upon him and /
or has either taken undue advantage of his liberty or acted in
any manner injurious to the interest of the prosecution. In
these circumstances keeping in view the overall facts and
circumstances, the present application deserves to be allowed
and following or der is passed in the interest of justice.
6. The present Application is hereby allowed. It is hereby
ordered that Passport of the applicant – accused be released
for temporary period upon deposit of Rs. 1,50,000/- for the
purpose of securing his presence and the applicant – accused
is hereby allowed to visit abroad from 04.06.2026 to
27.06.2026 subject to the following conditions that:-
(1) The applicant shall provide detailed program of his Visit
i.e., place of stay, address, contact number etc. and make
himself available through such communication during the
entire tour.
(2) The applicant shall give undertaking that he and/ or his
Ld. Advocate shall remain present at the time of conducting
the trial as and when his presence is required and the trial
shall not be hamperd on account of his / her non availability
or absence.
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R/SCR.A/7619/2026 ORDER DATED: 02/06/2026
(3) The trial shall go on and the applicant and / or his
learned Advocadte shall not take any objection to the
proceedings of the Trial.
7. It is hereby made clear that breach of any condition of
this order, will automatically result in forefeiture of the
aforesaid amount deposited by the applicant – accused to the
State.
8. The Applicant to come back to India on or before
27.06.2026 and has to surrender his passport before the
concerned Trial Court on 29.06.2026. Thereafter, upon
production of Passport, the Nazir of the concerned Trial Court
shall return the aforesaid amount as mentioned in the above
condition.
9. If any amount of security deposit, which may be lying
with the concerned Trial Court, the same may also be treated
as security deposit in connection with the present application.
10. Rule is made absolute accordingly. Direct Service today
is permitted.
(P. M. RAVAL, J)
MOHD SAIF ULLAH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MOHD SAIF ULLAH(HC02372), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 02/06/2026 14:34:50
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