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Judgment
Rajesh Kumar Gupta, J
The present petition under Section 528 of BNSS has been filed for an amendment in M.Cr.C No. 50649 of 2025 regarding the order dated 17.11.2025 passed by this Court.
Counsel for the petitioner submits that the earlier bail application of the present applicant was allowed by this Court vide order dated 17.11.2025 in M.Cr.C.No. 50649 of 2025 with certain condition, which read as follows:-
"Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail subject to depositing an amount of Rs. 31,07,661/- (Rs. Thirty One Lac Seven Thousand Six Hundred Sixty One Only) before the trial Court and 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/committal Court."
As per the FIR, the only allegation against the present petitioner is that the alleged amount transferred to his account is Rs. 6,03,199/-. However, the amount of Rs.31,07,661/- mentioned in his bail order is not permissible and should be replaced with Rs. 6,03,199/- in the interest of justice. He is ready to deposit Rs. 6,03,199/- before the trial Court. In such circumstances, he prayed for an amendment to the bail order of the present applicant.
Counsel for the State vehemently opposes the submission made by the counsel for the petitioner at this stage. It is further submitted that as per the status report, a total of Rs. 31,07,660/- has been embezzled by the present applicant and the same has been transferred to the account of the applicant as well as the accounts of his family members. Considering the same, his bail was duly granted by this Court. Therefore, no interference is warranted in the present facts and circumstances of the case.
Heard learned counsel for the parties and perused the impugned order.
From a perusal of the impugned order, it is seen that the said condition has been rightly imposed by this Court while granting bail to the petitioner, as the same was mentioned in the status report filed by the prosecution. In such circumstances, this Court is not inclined to amend the said condition which is sought by counsel for the petitioner at this stage.
Accordingly, the present petition fails and is hereby dismissed.