The Rouse Avenue District Court, New Delhi, has directed the withdrawal of the Look Out Circular (LOC) issued against the applicant in a CBI case relating to alleged transnational cyber fraud, while permitting him to travel to Dubai subject to strict conditions.
The case stemmed from an FIR registered at the International Operations Division of CBI alleging that an illegal call centre was being operated to cheat foreign nationals through impersonation and online fraud, in which the applicant was named as an accused. In consequence, the LOC was issued against the applicant. The application was filed seeking the recall of the LOC on the ground that its continuation was unjustified after the grant of anticipatory bail and completion of cooperation with the investigation.
The Court noted that although the FIR alleged the operation of an illegal call centre targeting US citizens through impersonation and online fraud, no incriminating material had been recovered from the applicant, and his name surfaced primarily through disclosure statements of co-accused. The Court further observed that Sethi had already been granted anticipatory bail, had joined the investigation, and had not been arrested during the course of the probe.
Referring to settled law laid down in Sumer Singh Salkan v. Assistant Director & Ors., (2010) ILR 6, Delhi 706, and other precedents, the Court reiterated that a LOC is a coercive measure and can be issued only where there is material to show that the accused is deliberately evading investigation or is likely to flee the country. It found that the CBI’s apprehension that the applicant may abscond was based on mere speculation, noting that the applicant had deep roots in society, no criminal antecedents, and had travelled abroad in the past without misusing liberty.
The Court also emphasised that the right to travel abroad forms part of personal liberty under Article 21, and cannot be curtailed without due process of law. In the absence of material showing non-cooperation or flight risk, continuation of the LOC was held to be unjustified.
Accordingly, the Court ordered the recall of the LOC, while allowing the applicant to travel to Dubai from 1 January 2026 to 31 January 2026, subject to conditions including furnishing an FDR of ₹25 lakh & Surety bond of ₹5 lakh, providing a detailed itinerary, refraining from tampering with evidence, and reporting back to the Court within 48 hours of return from Dubai.
Appearances
Ms. Saloni, Ld. PP for the CBI; IO/Inspector Gaurav Malik, CBI, IOD, New Delhi, in person.
Sh. Arjun Syal and Sh. Naman Verma, Ld. counsels for the accused/applicant Dakshay Sethi.
