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Rajnish Gupta vs. Central Bureau of Investigation and connected matters

Writ Petition (Criminal) · 2026:DHC:8294Decided 24 Sept 2026New Delhi Bench
W.P.(CRL) 3004/2026, W.P.(CRL) 3005/2026CNR: DLHC010459332026
Justice Ravinder Dudeja

Background

The petitioner, chargesheeted (without arrest) in a CBI bank-fraud case involving Punjab National Bank and M/s Skyworld Exim, had earlier had a Look Out Circular against him rescinded by the trial court, but that same order required him to obtain the trial court's prior permission before every foreign trip. He challenged this residual travel restriction as an unjustified curb on his liberty, since cognizance had not even been taken and no summons issued.

Decision Breakdown

The High Court found no evidence of non-cooperation, noted the trial court itself had recorded that the petitioner had joined the investigation and that the LOC was unjustified, and held that requiring "prior permission" for every foreign trip, as opposed to mere advance intimation, was a disproportionate restriction on the Article 21 right to travel where there was no subsisting bail condition to that effect. The condition was modified: the petitioner must now only intimate the trial court and investigating agency of full travel details at least two weeks before each foreign trip and remain available for proceedings.

Lesson Learnt

A "no travel without prior permission" condition can be judicially softened to "prior intimation" where an accused has shown full cooperation and there is no risk of evading trial: courts must tailor liberty restrictions to what is actually necessary, not impose blanket curbs.

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