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Judgment
Pramod Kumar Agrawal, J
This petition has been filed by applicant for modification in the final order passed on 09.03.2026 in M.Cr.C. No.7038/2026, whereby this Court while allowing the application has directed as under :-
''This first application has been filed by the applicant under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023/Section 438 of Cr.P.C for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.3/2025, registered at Police Station Bijadehi, District Betul (M.P.) for the offences punishable under Sections 420, 406, 409, 467, 468, 470 and 34 of IPC.
Looking to the facts and circumstances of the case and without commenting on the merits of the case, anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police, then he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
Applicant shall abide by the following conditions under Section 482(2) of B.N.S.S.:-
(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;
(b) He shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;
(c) He shall not leave India without the previous permission of the Court;
(d) He shall not commit similar offence, of which, he is accused or suspected.
(e) He will further abide by the conditions enumerated in Sub-section (3) of Section 480 of the B.N.S.S.
Certified copy as per rules.
Learned counsel for the applicant submits that the original M.Cr.C No.7038/2026 was filed for grant of bail under Section 483 of B.N.S.S., but in Para 1 of order dated 10.11.2025, it has been mentioned that the application is filed under Section 482 of B.N.S.S. In the said order operative Paragraph No.5 & 6, due to inadvertence, conditions of anticipatory bail is levied upon the applicant in place of conditions of regular bail due to which the applicant could not be released on bail. Therefore, it is requested that this modification application be allowed.
Heard learned counsel for the applicant and perused the order.
In view of the aforesaid submissions made by counsel for the applicant, final order dated 09.03.2026 passed in M.Cr.C. No.7038/2026 is modified to the extent that the Para No.1, 5 & 6 be read as under :
''This first application has been filed by the applicant under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of bail to the applicant in connection with Crime No.3/2025, registered at Police Station Bijadehi, District Betul (M.P.) for the offences punishable under Sections 420, 406, 409, 467, 468, 470 and 34 of IPC. The applicant is in custody since 03.11.2025.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merits of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of B.N.S.S.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules."
Accordingly, this petition stands disposed of with this modification.
6 . This order shall be read conjointly with the final 09.03.2026 in M.Cr.C. No.7038/2026.