R/SCR.A/12708/2025 ORDER DATED: 03/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12708 of 2025 ========================================================== NEHA PRAKASHBHAI MEHTA Versus STATE OF GUJARAT ========================================================== Appearance: MR DIPESH D SONI(9996) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/10/2025 ORAL ORDER Leave to amend the prayer clause. To be carried out during the course of the day. [1.0] By way of present petition under Article 226 of the Constitution of India, petitioner has prayed for quashing and setting aside the order dated 03.09.2025 passed below Exh.18 in Criminal Case No.57502 of 2022 passed by the learned Chief Judicial Magistrate, Surat and consequently to direct the learned trial Court to release the passport of the petitioner for a limited period from 06.10.2025 to 11.10.2025. [2.0] Heard learned advocate Mr. Dipesh Soni for the petitioner and learned APP for respondent No.1 – State of Gujarat. [3.0] Perusing the record, it appears that the petitioner is accused in connection with FIR being CR No.11210007200209 of 2020 registered with Jahangirpura Police Station, Surat for the offences punishable under Sections 406, 420 and 120(B) of the IPC and under Sections 66-C and 66-D of the Information Technology Act, 2000 in connection with R/SCR.A/12708/2025 ORDER DATED: 03/10/2025 which the petitioner came to be granted anticipatory bail by the coordinate Bench of this Court in the proceedings of Criminal Misc. Application No.14202/2020 subject to various conditions and more particularly vide condition No.7(g), the petitioner was directed to not leave India without permission of the learned trial Court and surrender her passport with the learned trial Court. In compliance of said condition, the petitioner surrendered her passport bearing No.R/4219140 with the learned trial Court. After investigation of the aforesaid FIR, charge-sheet came to be filed which culminated into Criminal Case No.57502 of 2022 which is now pending before the Court of learned Chief Judicial Magistrate and Addl. Sr. Civil Judge, Surat. [4.0] Further, as the petitioner wanted to travel abroad, she filed an application to release the passport and sought for permission to travel abroad initially which was scheduled on 08.09.2025 however, as the application got dismissed and her time expired, once again she has booked her tickets to travel abroad and sought the permission to leave India as she wants to travel abroad during the period from 06.10.2025 to 11.10.2025. [5.0] Considering the aforesaid fact, as the petitioner wants to travel abroad for a limited period and she has already booked her tickets, present petition deserves consideration. [6.0] In view of above, present application is partly allowed and condition No.7(g) of the order dated 20.09.2021 passed by the coordinate Bench of this Court in Criminal Misc. Application No.14202/2020 is suspended for the period from 06.10.2025 to 11.10.2025 and petitioner is permitted to travel to Dubai during the peroid from 06.10.2025 to 11.10.2025 subject to following conditions:- R/SCR.A/12708/2025 ORDER DATED: 03/10/2025 (i) Petitioner shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount before the learned trial Court; (ii) Petitioner shall submit complete itinerary of her travel during the period from 06.10.2025 to 11.10.2025 with the concerned trial Court; (iii) Petitioner shall re-surrender her passport before the concerned trial Court after her return from abroad and on such return of the passport, the trial Court shall release the amount of Rs.50,000/- (Rupees Fifty Thousand Only) to the petitioner, after due verification; (iv) Petitioner shall submit with the learned trial Court her complete residential address, phone number, e-mail ID etc. of the place where she will be residing at Dubai. The learned trial Court is directed to immediately release the Passport of the petitioner. Direct service TODAY permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/10/2025 18:58:45