ANUJ BANSAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of an application filed by the accused petitioner Anuj Bansal wherein he has sought permission to leave India to prosecute further studies of M.SC. (Software Development) in Coventry University, U.K., till the course is complete.

(2.) Heard the learned counsel for the petitioner as also the learned counsel for the complainant and learned Public Prosecutor appearing for the State and carefully perused the relevant material on record.

(3.) Learned counsel for the petitioner canvassed that the petitioner was granted pre-arrest bail in this case by this Court on 10 th December, 2010. While granting pre-arrest bail to the petitioner, this Court imposed condition No.3 in the said order that he shall not leave India without the previous permission of the Court. The counsel further submitted that the petitioner, albeit, was selected earlier but on account of his entailment in this criminal case, he could not go to United Kingdom, despite his selection in a prestigious institution. He has endeavoured to seek admission and now he has been selected for MSC (Software Development) course conducted by Coventry University, U.K. As per the statement of the learned counsel, the course is to commence from 26 th September, 2011 and shall complete on or about 30 th September, 2012. The Police after completion of investigation, has filed the charge-sheet against all the accused persons, which has been pending trial. Learned counsel submitted that the next date of hearing in the criminal case pending for trial before the learned trial Court is fixed on 20 th September, 2011, for hearing charge arguments. His personal appearance during trial is not required, as he will not raise any question with regard to his identification during evidence. He also undertakes not to raise any objection if the entire prosecution evidence is recorded in his absence. Hence, keeping in view the educational career of the accused petitioner, he may be permitted to leave India to prosecute his further studies.