2025:JHHC:32224 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2923 of 2025 --------- Dilip Kumar Ghosh @ Dilip Ghosh, aged 56 years, Son of Late Nitya Gopal Ghosh, Resident of P-162, C.I.R. Road, Scheme VII, P.O. & P.S. Kankurgachi, District-Kolkata, 700054 (West Bengal). .... Petitioner(s) Versus Union of India through the Directorate of Enforcement, Government of India, Pee Pee Compound, Kaushalya Chambers-II, Ranchi, Sub Zonal Office, P.O.-G.P.O., P.S. Hindpidhi, District-Ranchi. .... Opposite Party (s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner (s) : Ms. Amrita Sinha, Adv. Mr. Abhishek Agrawal, Adv For the O.P.(s) : Mr. A.K.Das, Adv --------- 05/17.10.2025 The instant application has been preferred by the Petitioner for modification of the order dated 28.11.2023 passed by this Court in B.A No. 7233 of 2023. 2. At the outset, learned counsel for the petitioner submits that pursuant to the order passed by this Court in the above referred bail application the petitioner was granted bail and has appeared on each and every date before the learned trial court in spite of his advance age. 3. She further submits that the issue involved in this case with regard to modification of the conditions of Bail, is same and similar to another case filed by another accused; who also filed an application being Cr. M.P. No. 518 of 2025 for the same prayer for modification/alteration of the order dated 12.01.2024 passed in B.A. No. 10166 of 2023 to the extent that the bail conditions set out at paragraph no. 23(i) may be deleted and the passport of the petitioner may be released and also the conditions set out at paragraph no. 23 (iii) may be modified/relaxed. 2025:JHHC:32224 2 4. Learned counsel submits that in the said modification application being Cr. M.P. No. 518 of 2025 this Court has relaxed the condition as indicated in the original order passed in the bail application dated 12.01.2024. The case of the petitioner is same and similar, inasmuch as, the condition imposed in that case was exactly the same what has been imposed in the case of this petitioner in B.A No. 7233 of 2023; as such similar order may be passed in this case. 5. Learned counsel for the opposite party opposes the prayer for modification and submits that this court has already given liberty to the petitioner to approach the concerned court for release of his passport; as such no modification is required in the original order of granting bail to the petitioner dated 28.11.2023. He further relied upon the counter-affidavit and submits that this application be dismissed. 6. Having heard learned counsel for the parties especially the submission of the petitioner that similar prayer has been made in Cr. M.P. No. 518 of 2025; wherein this Court has granted relaxation and made modification in its order. For brevity, the relevant part of the prayer recorded in the order in Cr. M.P. No. 518 of 2025 is extracted hereinbelow:- “The instant application has been preferred by the Petitioner for modification/alteration of the order dated 12.01.2024 passed by this Court in B.A No. 10166 of 2023 to the extent that the bail conditions set out at paragraph no. 23(i) may be deleted and the Passport of the Petitioner may be released and also the conditions set out at paragraph no. 23(iii) may be modified/relaxed w.r.t. his appearance on each and every date in connection with ECIR Case No. 5 of 2023 (arising out of ECIR No. RNZO/10/2023 dated 07.03.2023).” It appears that in the order for modification passed in the above referred case, this Court has extracted the order 2025:JHHC:32224 3 incorporated in para 23 of the order granting bail. For brevity, para 4 of the said order is extracted hereinbelow:- “4. Having heard learned counsel for the parties and after going through the averments made in the respective affidavits and also the conditions mentioned in the order granting bail dated 12.01.2024, it appears that this Court while granting bail has made following conditions: “23. Accordingly, in view of the discussions made above the petitioner is directed to be released on bail on furnishing bail bond of Rs. 100,000/- (One Lakh Only) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner- ICum-Special Judge, PMLA, Ranchi, in connection with ECIR Case No. 5 of 2023 [arising out of ECIR No. RNZO/10/2023 dated 07.03.2023). However, the grant of bail is subject to following conditions:- (i) The petitioner shall surrender his passport before the learned trial court and if he wishes for release of the same, he shall make proper application before the concerned court who shall decide the application for release of passport on its on merit. (ii) The petitioner will not tamper with any evidence and/or will not threaten any of the witnesses. (iii) The petitioner shall appear before the Ld. Special Judge on each and every date unless exempted by the learned Trail court on being satisfied with the causes shown by the petitioner in this regard.” 7. After hearing the parties in Cr. M.P. No. 518 of 2025, the conditions were modified. For ready reference, Para 5 and 6 of the said order dated 29.08.2025 in Cr. M.P. No. 518 of 2025 are extracted hereinbelow:- “5. So far as the first condition of the order dated 12.01.2024 [paragraph no. 23(i)] is concerned, which is with regard to surrender of Passport of the petitioner; looking to the overall facts and circumstances of the case, it appears that the interest of justice would be sufficed by modifying paragraph no. 23(i) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 as under: The Passport shall be released in favour of the Petitioner within a period of two weeks from the date of receipt/production of copy of this order. Whenever, the Petitioner wishes to go to any foreign country, he will seek permission from the Trial Court after serving copy of the petition to the opposite parties giving the date about his departure and arrival and the Ld. Trial Court would be at liberty to impose conditions when the Petitioner tries to go to any such foreign country. It is clarified that the Trial Court shall give permission looking to the stage of the trial and also bearing in mind that travelling abroad is a fundamental right and also that at one go, the Petitioner should not leave the country for more than six weeks. The Trial Court shall also keep in mind while granting permission that if the trial would be in a crucial stage, then it may refuse the permission looking to the stage of the trial. 2025:JHHC:32224 4 Accordingly, paragraph no.23(i) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 is modified in the aforesaid terms. 6. So far as paragraph no. 23(iii) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 is concerned; which is with regard to the direction upon the petitioner to appear on each and every date unless exempted by the learned trial Court; the same is modified to the extent that the Petitioner shall appear before the Trial Court through his counsel regularly. However, if the Trial Court deems it proper that the Petitioner shall appear on any such date; then the Petitioner shall appear on that very next date. Accordingly, paragraph no. 23(iii) of the order dated 12.01.2024 passed in B.A No. 10166 of 2023 is modified in the aforesaid terms.” 8. After going through this application, it appears that in para 21 of the order passed by this Court in B.A. No. 7233 of 2023 concerning this petitioner, the following conditions were imposed while granting bail to this Petitioner. For brevity para 21 of the order dated 28.11.2023 is extracted hereinbelow: “21. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 100,000/- (One Lakh Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI-cum-PMLA at Ranchi, in connection with ECIR Case No. 01 of 2023 [arising out of ECIR/RNZO/18/2022 dated 21.10.2022]. However, the bail granted by this Court is subject to following conditions:- (i) The petitioner shall surrender his passport before the Neutral Citation learned trial court and if he wishes for release of the same, he shall make proper application before the concerned court who shall decide the application for release of passport on its on merit. (ii) The petitioner will not tamper with any evidence and/or will not threaten any of the witnesses. (iii) The petitioner shall appear before the Ld. Special Judge on each and every date unless exempted by the learned Trail court on being satisfied with the causes shown by the petitioner in this regard. It goes without saying that the findings recorded by this court are tentative in nature and will not have any bearing on the merits of the case and the learned Trial court would be free to decide the case on the basis of evidence adduced at the trial, without in any manner being prejudiced by the findings given hereinabove.” 9. Thus, by perusing para 4 of the order dated 29.08.2025, the conditions mentioned in the original order granting bail to the petitioner of Cr. M. P. No. 518 of 2025 and also the condition mentioned in para 21 of the bail order dated 28.11.2023 granting bail to this Petitioner, it appears that 2025:JHHC:32224 5 both are exactly same and similar and there is no any change in the conditions. Accordingly, this Court is having no hesitation in modifying its earlier order dated 28.11.2023 in the line of modification made by this Court in the case of other accused person where similar conditions were imposed. 10. Accordingly, so far as paragraph no. 21(i) of the order dated 28.11.2023 under modification is concerned; which is with regard to surrender the passport of the petitioner; looking to the overall facts and circumstances of the case interest of justice would be sufficed by modifying paragraph no. 21 (i) of the order dated 28.11.2023 passed in B.A. No. 7233 of 2023 with following modification: “21(i) The Passport shall be released in favour of the Petitioner within a period of two weeks from the date of receipt/production of copy of this order. Whenever, the Petitioner wishes to go to any foreign country, he will seek permission from the Trial Court after serving copy of the petition to the opposite parties giving the date about his departure and arrival and the Ld. Trial Court would be at liberty to impose conditions when the Petitioner tries to go to any such foreign country. It is clarified that the Trial Court shall give permission looking to the stage of the trial and also bearing in mind that travelling abroad is a fundamental right and also that at one go, the Petitioner should not leave the country for more than six weeks. The Trial Court shall also keep in mind while granting permission that if the trial would be in a crucial stage, then it may refuse the permission looking to the stage of the trial. It goes without saying that if the passport has expired then the petitioner would be free for renewal of the same if so advised.” Accordingly, paragraph no. 21(i) of the order dated 28.11.2023 passed in B.A. No. 7233 of 2023 is modified in the aforesaid terms. 11. So far as paragraph no. 21(iii) of the order dated 28.11.2023 passed in B.A. No. 7223 of 2023 is concerned, 2025:JHHC:32224 6 which is with regard to the direction upon the petitioner to appear on each and every date unless exempted by the learned trial court; the same is modified to the extent that the petitioner shall appear before the trial court through his counsel regularly. However, if the trial court deems it proper that the petitioner shall appear on any such date; then the petitioner shall appear on that very next date. Accordingly, paragraph no. 21(iii) of the order dated 28.11.2023 passed in B.A. No. 7233 of 2023 is modified in the aforesaid terms. 12. With the aforesaid modification, the instant application stands disposed of. (Deepak Roshan, J.) October 17, 2025 Amardeep/- Uploaded on 17/10/2025