JUDGMENT Deepak Kumar Agarwal, J. - This petition has been filed under Section 482 of the Cr.P.C. for correction in the order dated 20.1.2023 passed in M.Cr.C. No.57605/2022. 2. It is the submission of learned counsel for the petitioner that though he has filed an application for grant of bail under Section 439 of the Cr.P.C. but due to typographical error order has been passed in the format of application for grant of anticipatory bail filed under Section 438 of the Cr.P.C and prayed for passing the order in correct format. 3. Reader of the Court on verification from the CMIS software has informed the Court that earlier application i.e. M.Cr.C. No.57605/2022 has been filed under Section 439 of the Cr.P.C. 4. In view of the above, following order is passed in correct format (439 of Cr.P.C.) which shall substitute earlier order dated 20.1.2023 passed in M.Cr.C.No.57605/2022:- "This is the First application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant is in custody in connection with Crime No.762/2020 registered at Police Station- Dabra City District- Gwalior (MP) for the offence punishable under Sections 420, 406, 467, 468, 471 and 120-B of IPC. In brief case of the prosecution is that applicant along with co-accused on the pretext of doubling the amount in ten months got invested amount of Rs.4,55,000/- from the complainants in virtual currency (bit coin). When after ten months complainants asked for the payment, they were told that now the payment will be made after 15 months. After fifteen months, accused Jitendra Kushwah gave cheque of Rs.4,34,000 which was bounced on presentation. On the basis of the complaint, crime for the aforesaid offence was registered. Applicant has been arrested. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Co-accused Jitendra and Sanjay Kushwaha have been released on regular by the Coordinate Bench of this Court. They have already deposited a sum of Rs.1,50,000/- each total 3,00,000/- before the trial Court and applicant undertakes to deposit a sum of Rs.75,000/- in the account of complainant Mukesh. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. The applicant has been in custody. Under these submissions, prayer for grant of bail is made.
The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. The applicant has been in custody. Under these submissions, prayer for grant of bail is made. On the other hand, learned counsel for the State opposed the prayer and prayed for its rejection. Heard learned counsel for the parties. Looking to the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court and deposits a sum of Rs. 75000/- in the account of complainant Mukesh, he should be released on bail. He will present during trial before the trial Court on each and every date. Application stands allowed and disposed off. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules."