Thogh it is very late to say any thing in the year 2011 but still it can be applied at any stage:
First of all if a criminal case is pending against the applicant for passport, a NOC from the trial court is the necessity as per Passport form Page 1.
But if a person is on bail pending trial and no restriction of his movement was imposed by the court then the court must issue him the requisite NOC as per the guidelines/judgement by the apex court where it was decided to not to curtail his right to travel abroad even if he was convicted in any offence and his appeal is pending before the court. but here a person has only been charged and not convicted so how can the trial court not issue NOC?
Individual have to file a writ before the High Court if trial court is not adhering to the precedent set by the apex court and refuse to entertain NOC prayer.