Rajasthan HC permits PMLA accused to Travel Abroad with Rs. 25 Lakh Bank Guarantee [Read Order]

The order, passed by Justice Anoop Kumar Dhand, was issued on a petition filed under Section 482 of the Criminal Procedure Code, challenging the Trial Court’s refusal to allow international travel. Bajoria, Managing Director of M/s Agribiotech Industries Ltd., is currently facing charges under Sections 3 and 4 of the PMLA, based on a complaint filed by the Directorate of Enforcement.

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According to case records, the Trial Court had earlier issued arrest warrants against Bajoria in July 2021. When these remained unexecuted, standing warrants were issued along with proceedings under Sections 82 and 83 Cr.P.C., declaring him an absconder. Subsequently, Bajoria approached the High Court, which granted interim protection from arrest in June 2022. He then surrendered and was released on bail, with the condition that he could not leave India without the Court’s permission.

In December 2022, Bajoria sought permission from the Trial Court to travel to Singapore and Dubai for business meetings scheduled in January 2023. The Trial Court rejected this request citing lack of supporting documentation. Challenging this decision, Bajoria filed the current petition in the High Court, presenting fresh evidence including letters of invitation from business associates in Singapore and the UAE.

During the hearing, Bajoria’s counsel argued that his presence was essential for critical business negotiations and cited constitutional protections, particularly Article 21 of the Constitution, which guarantees personal liberty including the right to travel. Reliance was placed on the landmark judgment in Maneka Gandhi v. Union of India, which broadened the interpretation of personal liberty to include overseas travel, and Satish Chandra Verma v. Union of India, which reiterated the right to international movement as a fundamental human right.

The Enforcement Directorate, however, opposed the plea, citing Bajoria’s prior conduct including absconding and obtaining interim relief by allegedly misrepresenting facts. They expressed concern that allowing international travel could risk him evading trial.

After examining the submissions, the High Court struck a balance between personal liberty and judicial prudence.

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The Court quashed the Trial Court’s order and granted Bajoria permission to travel from January 4 to January 19, 2023, strictly for visits to Singapore and Dubai. Among the conditions imposed:

The accused was directed to furnish a bank guarantee of ₹25 lakh to the satisfaction of the Trial Court. Further, he must return to India by a fixed date, and appear before the Trial Court. He was also prohibited from traveling to any country other than Singapore and Dubai. He must remain in contact via an active mobile number and WhatsApp during his stay abroad.

The Court further ruled that the bank guarantee would be forfeited without notice if any condition is violated. The guarantee would be returned upon Bajoria’s compliance and reappearance before the Trial Court.

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