Prayagraj, Jul 24 The Allahabad High Court has modified its earlier bail conditions imposed on a Chinese national accused in a GST evasion case after finding that she remained in jail for nearly five months despite being granted bail because the Chinese Embassy refused to issue a guarantee certificate that the applicant will attend her trial.
Justice Samit Gopal, who had granted bail earlier, modified the bail conditions while allowing a modification application filed by Alice Lee alias Li Tengli who was granted bail on February 9 but could not secure her release as one of the bail conditions required her to produce a certificate from the Chinese Embassy assuring the trial court of her appearance during the proceedings.
According to the applicant, she approached the embassy in compliance with the bail order. However, the embassy rejected her request stating that in accordance with its functions and powers of consular responsibilities, it is unable to issue such relevant guarantee certificates.
The applicant contended that because of the embassy's refusal, she was unable to comply with conditions imposed by the court in its earlier bail order and therefore remained in custody even after bail was granted.
During the course of hearing on the modification application, the counsel for the government of India placed before the court a communication from the Foreigners Regional Registration Office, Delhi (FRRO), informed that the applicant had been granted an X-Misc. visa, valid till October 28, 2026, with the endorsement "No Departure Allowed Without Exit Permit."
The court passed the order on July 14.
An X-Misc. visa is granted to a foreign national who is involved in a criminal case and subsequently released on bail and whose presence is required to attend court proceedings in India.
In the present situation, the court modified its order to the extent that the applicant shall file an undertaking before the trial court concerned that she shall appear on each & every date without fail and co-operate with the proceedings of trial for its early conclusion.
