Yash Malik 26 March 2022

438 (2) bail conditions

Hi,

I am undergoing a false 498a case and I am a software engineer by profession.

High Court has given me anticipatory bail but has asked me to abide by the conditions as specified in section 438(2) crpc.
One of the conditions in 438(2) states that I am not allowed to leave India without previous permission of court.
However, it is a nature of my job that I have to travel outside India for work if the job demands it.

Can anyone please advice that if I seek for court's permission to travel overseas, will I be given the permission?

Thanks,

Yash.

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1 Replies

Mahi Manchanda 05 July 2022

Hi,

Section 498A of the Indian Penal Code: Husband or relative of husband of a woman subjecting her to cruelty. It is a non-bailable offense.

Section 438 (2) of CRPC when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. These may be subject to some conditions.

If you feel it is very important for you to travel abroad, you should seek permission from the court for permission to do so.

I hope this answers your question.