Can a person go abroad when out on bail?


Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted.
In my opinion you can file an application for Anticipatory bail before the Hon’ble High Court .
And you can file quash petition under section 482 of the Cr. P. C before the Hon’ble High Court for quash the criminal proceeding against you.
Cancellation of your bail totally depends on the chargesheet which is being filled by the I.O. before the LD. Court, if ingredients of the chargesheet are being lenient then your bail is confirmed and one can lave the country.
The Supreme Court has held that the right to travel abroad is an inseverable part of the fundamental right to dignity and personal liberty.

This right cannot be merely ÒillusoryÓ. A recent judgment by a Bench led by Justice D.Y. Chandrachud decided the ÒinterestingÓ question whether a court can make the ban on travelling abroad a condition for granting bail.
Normally, if there is any doubt as to whether order granting you bail has imposed any restrictions on your free movement, what is done is that a petition is filed in court seeking permission to leave the jurisdiction of the Court for traveling outside. These petitions are normally allowed by the Court, unless there is some risk of evading trial which is highlighted to the Court by the prosecution.

So, there is no specific rule in this regard. However, to be on the safe side, you can always file a petition before the trial judge seeking permission to travel.

Reference: section 482 of the Cr. P. C



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