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Can I travel abroad while a criminal case is pending in Kanpur?

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(@Tejaswini Pendse)
Joined: 4 weeks ago
[#1493]
A criminal matter is pending against me before a Kanpur court, but I need to travel overseas for work. What permissions may be required and what restrictions could apply?

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(@advocate-mudit-pratap)
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Joined: 2 months ago

The short answer is: often yes, but only with proper preparation and, where required, the court's express permission. Too many clients either assume they are automatically barred from travel — which is usually wrong — or assume they can simply go without checking — which can lead to arrest at immigration, bail cancellation, or contempt. Neither extreme serves you well.

The governing principle is your bail conditions. When bail is granted — whether by the Kanpur Sessions Court or by the Allahabad High Court — it frequently includes a condition that you shall not leave India without the court's prior permission, and sometimes that you surrender your passport to the court. If such a condition applies to you, the procedure is clear and not particularly onerous: file an application before the court that granted bail, setting out your purpose of travel, destination, duration, and return date, and seek specific permission to travel. Courts regularly grant these permissions for legitimate purposes — work, business, family emergencies, medical treatment, education — often on conditions such as furnishing an itinerary, providing an additional surety, or undertaking to appear at all future hearing dates. The application takes a matter of days in most Kanpur courts, and refusals on genuine grounds are uncommon.

The second thing to verify before booking any flight is whether a Look Out Circular (LOC) has been issued against you. In economic offence cases, matters involving serious fraud, or cases where a investigating agency has specifically sought one, an LOC will flag your passport at immigration and prevent departure regardless of what your bail conditions say or do not say about travel. Checking whether an LOC exists — and if so, challenging it before the appropriate court — must happen before you travel, not at the airport. Separately, if your passport is approaching expiry, a pending criminal case may require a No-Objection Certificate from the court before the passport authority will renew it; your lawyer can move that application routinely. The criminal lawyers available for Kanpur cases can check for LOCs, move the travel-permission application, and ensure no invisible bar exists before you make your travel arrangements.

The takeaway I leave every client with: a pending criminal case does not automatically ground you in Kanpur, but it does require you to be proactive about checking and obtaining permissions. Handle it correctly and in advance, and foreign travel during a pending case is entirely manageable.


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