In The Matter Of vs Akash Sardar

Petitioner is working for gain at Cognizant Technology Solutions, a multi national corporation, having offices in various parts of the world including the

United States of America. At the time of registration of the case, petitioner was employed at 2300, Lake View, Pkwy, State-100, Alpharetta, GA-

3009 Fulton Country, the United States of America.

Having come to know of the registration of the case, petitioner came to the country and sought pre-arrest bail. Prayer of the petitioner was allowed on

certain conditions including a direction not to leave the country without the leave of the Court and to deposit his passport before the investigating

officer.

Petitioner appears to have complied with such conditions. Presently petitioner is before this Court seeking permission to go abroad and join his place of

posting in the United States of America.

Senior counsel representing the petitioner contends that his client intends to take a transfer to the country. However, to enable him to do so, he needs

to join his last place of posting. Failure to do so may entail break in service and termination.

Pursuant to our earlier order, investigating officer is present with the case diary. Her presence is noted.

Learned Public Prosecutor submits that there are allegations of torture and deception against the petitioner. It is likely that the petitioner may evade

the process of law if permits to go abroad.

Having considered the materials on record particularly the conduct of the petitioner to return to the country and seek pre-arrest bail, we are of the

opinion that petitioner may be permitted to go abroad for a limited period of time so as to enable him to obtain an order of transfer as contended on his

behalf. In order to ensure that the petitioner does not evade the process of law, additional condition namely, an undertaking furnished by a near relation

as a security may be insisted upon.

Under such circumstances, we direct the investigating officer to hand over the passport of the petitioner and permit him to go abroad to join his place

of posting at 2300, Lake View, Pkwy, State-100, Alpharetta, GA-3009 Fulton Country, the United States of America and obtain an order of transfer to

the country as contended on his behalf on condition that Mandira Biswas, daughter of Denis Rebeiro, 274/3, Ramchandrapur, R.C. Thakurani, Kolkata

â€" 700 104, a cousin of the petitioner, shall furnish a bond to the tune of Rs. 50,000/- (Rupees fifty thousand only) and file an undertaking before the

Court below that the petitioner shall return to the country by 2nd March, 2020. Petitioner shall also deposit a sum of Rs. 1,00,000/- (Rupees one lakh

only) in cash or by way of fixed deposit with the Court below as further security prior to his travel abroad. These conditions of bail shall be in addition

to the conditions already imposed on the petitioner.

Petitioner shall return to the country by 3rd March, 2020 and hand over his passport to the investigating officer by 6th March, 2020.

Case diary be returned.

Let this matter appear under the same heading on 12th March, 2020. Photostat plain copy of this order duly countersigned by the Assistant Registrar

(Court) be handed over to the parties on usual undertaking.