2025:HHC:2992-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.63/2025 Date of Decision: 13th January, 2025. Chaitanya Sharma & Anr. .....Petitioners Versus State of Himachal Pradesh …..Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge. Whether approved for reporting?1 For the Petitioners: Mr. Vikrant Thakur, Advocate, through Video Conference, Ms. Shivani Priya, Advocate. For the Respondent: Mr. Raj Kumar Negi, Addl. Advocate General. Bipin Chander Negi, Vacation Judge (oral). The present petition has been filed for seeking the following substantive relief:- “i. Grant permission to the petitioners to travel to Dubai, UAE from 14.01.2025 to 18.01.2025;” 2. Reply and status report filed in the Court today itself and the same are taken on record. Copies whereof have been supplied to the learned counsel for the petitioners. Registry is directed to place them at their appropriate place. 3. The petitioners, in the case at hand, were granted bail vide judgment dated 27.08.2024. One of the conditions contained therein being that the petitioners would not leave the territory of India without the prior permission of the Court. 4. Previously, the bail petitioners had filed an application before a Coordinate Bench, wherein it had been averred that 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:2992-DB the mother of petitioner No.1 and wife of petitioner No.2, had been advised to undergo surgery at Dubai on account of having some malignancy in her uterus. As a consequence whereof, petitioners had taken an appointment in a hospital at Dubai on 18.09.2024. To substantiate their claim, they had placed on record relevant material. 5. The application so filed had been previously opposed by the respondent-State. However, vide judgment dated 16.09.2024 appended along with the present petition as Annexure P-3, the petitioners had been permitted to travel to Dubai in connection with the treatment of mother of petitioner No.1 and wife of petitioner No.2. 6. While allowing the application, the Court was of the view that no prejudice shall be caused to the prosecution by permitting the petitioners to travel to Dubai for a limited period. Besides the aforesaid, since the petitioners had made available the mobile numbers as well as the address of the hospital, the Coordinate Bench was of the view that after the submission of the aforesaid details, there was no impediment in accepting the prayer made by the petitioners to permit them to visit Dubai. 7. By way of the present petition, the petitioners submit that in pursuance to the previous medical consultation held on 23.09.2024, a second clinical evaluation has been scheduled with the concerned Gynecologist on 15.01.2025 at 5:20 PM, followed by a consultation with Surgeon/Specialty Obstetrics 3 2025:HHC:2992-DB and Gynecology on 17.01.2025 at 12:30 PM, to assess the available treatment options and proceeding accordingly. 8. From a perusal of the status report and reply filed, it is evident that the respondent/State is opposing the request being made by the petitioners for travelling abroad for five days from 14.01.2025 to 18.01.2025, on the ground that the petitioners are not effectively participating in the investigation and not making relevant disclosures and that they are likely to influence the investigation. 9. The sum and substance of the opposition of the respondent/State being that permitting the petitioners to travel to Dubai would impede the investigation in the case at hand. The argument being raised by the respondent/State needs to be rejected at the very outset. FIR, in the case at hand, was registered on 10.03.2024. Investigation, in the case at hand, is going on till date. No challan has been filed by the Police till date. 10. Other than the aforesaid, on the previous occasion on 16.09.2024, in connection with the medical check up of the mother of petitioner No.1 and wife of petitioner No.2, this Court had already granted permission to the petitioners. The present visit is also in pursuance to a follow up of the previous medical examination got done at Dubai by the concerned Doctors. The visit is only for a short period of 5 days from 14.01.2025 to 18.01.2025. Requisite details, where the petitioners would be 4 2025:HHC:2992-DB staying at Dubai has been disclosed in the present petition. Moreover, mobile number on which the petitioners would be available along with their email IDs, WhatsApp Number and flight details have already been disclosed in the present petition. 11. Consequently, in view of the above, the present petition is allowed. Petitioners are permitted to visit Dubai for the period w.e.f. 14.01.2025 to 18.01.2025, for the treatment of Ms. Anita Sharma, subject to the condition that petitioners will come back to India latest by 20.01.2025 and thereafter, shall join investigation, enabling Investigating Agency to conclude the investigation. The petition stands disposed of in the above terms, so also the pending application(s), if any. (Bipin Chander Negi) Judge 13th January, 2025 (Gaurav Rawat)