Neutral Citation No. - 2025:AHC:138395 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28415 of 2025 Applicant :- Smt. Sapna Tebak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar,Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Manvendra Singh, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the order dated 22.07.2025 passed by learned Additional Chief Judicial Magistrate-Ist, Saharanpur in Case no. 330 of 2020 (State of U.P. vs. Sapna and others) arising out of Case Crime no.462 of 2018, under Section 3/7 of Essential Commodities Act and Section 66-D of Information and Technology Act, Police Station- Gangoh, District Saharanpur. 3. Learned counsel for applicant has submitted that vide impugned order dated 22.07.2025, learned court concerned rejected the application preferred at the behest of applicant seeking permission to go abroad i.e. Netherland for three months where her son is doing job and her daughter-in-law who is also living with her son, having pregnancy of advance stage. Learned counsel for applicant submitted applicant wants to go there only to take care of her daughter-in-law for three months but without considering the said facts, learned court concerned rejected the said application on the ground that against two co-accused of the present case, non- bailable warrants have been issued and the case is listed for framing of charge. Learned counsel for applicant has further submitted that the reasoning of rejecting the application, is illegal since the applicant is not responsible for non-appearance of other two co-accused before learned court concerned. It has also been submitted by learned counsel for applicant that applicant is ready to comply with all the conditions imposed by this Court in case, permission is granted to her to go to Netherland for taking care of her daughter-in-law. It has also been submitted by learned counsel for applicant that applicant will certainly return back to India and face the trial of Case Crime no.462 of 2018. 4. Per contra, learned AGA vehemently opposed the prayer and rebutted the stand taken up by learned counsel for the applicant by way of submitting that in case, applicant will be permitted to go Netherland, the trial will be vitiated but did not dispute the fact that daughter-in-law of applicant is having pregnancy of advanced stage. 5. Considering the arguments raised by learned counsel for the parties, the Court notes that the ground for rejecting the application preferred at the behest of applicant, is not sustainable since applicant cannot be made responsible for non- appearance of other co-accused before learned court concerned and moreso, daughter-in-law of applicant is having pregnancy of advanced stage and applicant wants to go only for taking care of her daughter-in-law. 6. In view of aforementioned facts and circumstances, impugned order dated 22.07.2025 passed by learned Additional Chief Judicial Magistrate-Ist, Saharanpur in Case no. 330 of 2020 (State of U.P. vs. Sapna and others) arising out of Case Crime no.462 of 2018, under Section 3/7 of Essential Commodities Act and Section 66-D of Information and Technology Act, Police Station- Gangoh, District Saharanpur, is hereby set aside. Application preferred at the behest of applicant for visiting Netherland is hereby allowed subject to following terms and conditions: (i) Entire document for travelling which includes immigration certification shall be strictly confirmed by concerned Government Authorities. (ii) Applicant shall ensure surety of Rs.10 lakh in shape of Fixed Deposit Receipt (FDR) which will be accepted by learned court concerned. (ii) The permission is hereby extended to applicant to visit Netherland from 02.09.2025 to 29.11.2025 only and immediately after returning from Netherland, applicant shall ensure her presence which shall be recorded by learned concerned court as well as Immigration Office. 7. The entire formality for travelling to Netherland shall be commenced immediately after producing this order before learned concerned court and the entire exercise shall be completed within period of 15 days from today. 8. The instant application under Section 528 BNSS stands allowed. Order Date :- 13.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad