Vishal Mishra, J
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by
the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being
represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
The present petition has been filed under section 482 of Cr.P.C. for correction/modification of the condition that subject to the verification of the fact
that there is no other criminal case is pending as on date against the petitioner imposed vide order dated 27.11.2020 passed in M.Cr.C.No.45718/2020.
Learned counsel for the petitioner submits that the petitioner has filed an application under Section 439 of Cr.P.C. for grant of bail, which was allowed
vide order dated 27.11.2020 passed in M.Cr.C.No.45718/2020 with a condition subject to the verification of the fact that there is no other criminal
case is pending as on date against the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner is in custody and not
released owing to such a condition. It is submitted that incomplete information was furnished by the brother of the petitioner, therefore, the factum
could not be brought to the notice of the Court at the time of consideration of bail application, but, subsequently it has brought to his notice by the
counsel from the Trial Court that another offences is being registered against the present petitioner at Crime No.80/2019 for offences punishable
under Sections 294, 323/34, 452 and 506(2) of IPC in which petitioner has already been enlarged on bail by the Court, but the fact remains that the
aforesaid amounts to suppression of material information from this Court.
Counsel for the State has pointed out that at the time of consideration of the bail application of the petitioner, he is having criminal history of six cases
including the present case and counsel for the petitioner submitted that he has been acquitted in five cases out of six cases and he has also stated at
bar that there are no criminal cases pending against the petitioner except the present case. He further submits that due to incorrect information given
to this Court, the bail was sought. He prays for dismissal of the petition.
Taking into consideration the facts and circumstances of the case and considering the nature of offence, this Court is inclined to modify the condition
subject to costs of Rs.25,000/- (Rupees Twenty Five Thousand only) to be deposited by the petitioner with the Principal Registrar of the High Court
for the benefits of Children at Mercy Home during this COVID-19 pandemic.
The aforesaid costs be deposited by the petitioner within seven days and on furnishing the receipt of the deposition of the costs by the petitioner the
release warrant be prepared.
This order be read conjointly with the order dated 27.11.2020 passed in M.Cr.C.No.45718/2020 by this Court.
A copy of this order be kept in the record of M.Cr.C.No.45718/2020.
The M.Cr.C. is disposed of accordingly.
E-copy of this order be provided to the petitioner and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-
copy of this order shall be treated as certified copy for practical purposes in respect of this order.
