The main legal point established is the court's discretion to allow the correction of name and address in a bail application and the importance of adhering to bail conditions.

JUDGMENT

Alok Kumar Verma, J. - This Correction Application (MCRC) No.139 of 2021) is filed by Mr. Lalit Sharma, the learned counsel for the applicant for permission to permit him to correct the name and address of the applicant in the Bail Application No.721 of 2020. He further prayed that the bail order dated 23.07.2020 be corrected accordingly.

2. Heard Mr. Lalit Sharma, learned counsel for the applicant and Ms. Lata Negi, learned Brief Holder for the State on the Correction Application (MCRC) No.139 of 2021 through video conferencing.

3. Facts, to the limited extent necessary, are that an FIR was registered on 01.04.2019 against the present applicant along with one co-accused on the basis of a written report lodged by the informant Abhishek Khurana. According to the informant, through hatching a criminal conspiracy by the present applicant along with the co-accused, they lured to win the lottery of five lakhs pounds, cheated and fraudulently took Rs.25 lakhs by sending SMS on behalf of Coca Cola Company on mobile phone of Gaurav Kumar, uncle of the informant. After registration of the FIR, it was found that the present applicant and the co-accused were residing in India without a valid Visa and Passport.

4. An application for regular bail (Bail Application No.721 of 2020) was moved on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No.44 of 2019, registered with Police Station Kunda, District Udham Singh Nagar for the offence punishable under Sections 420, 120B of the I.P.C., Section 66 of the Information Technology Act, 2000 and Section 14 of the Foreigners Act.

5. At the time of hearing of the said bail application, it was argued on behalf of the applicant that when the applicant along with co-accused were coming to Udham Singh Nagar in a taxi, the taxi driver fled away with all the belongings of the applicant and the co-accused. Those bags also contained the passports of the applicant and the co-accused. The applicant and the coaccused were apprehended by the police. The chargesheet was submitted and the co-accused of the similar role was granted bail by the Coordinate Bench of this High Court.

6. The said Bail Application No.721 of 2020 was allowed on 23.07.2020 on the following conditions : -

"8. The bail application is allowed on the following conditions:-

(i) the applicant shall be released on bail on furnishing a bond with two sureties of like amount, one of whom must be a local surety, to the satisfaction of the court concerned;

(ii) after the passport is re-issued as per rules, the Foreigners Regional Registration Officer is directed to endorse the Visa of the applicant according to law, prior to release from the jail concerned and, such endorsement can carry a limited validity co-terminus with the completion of the trial. The superintendent of jail concerned shall ensure that the applicant is released only after endorsement of his Visa.

(iii) after re-issue his passport, the applicant shall surrender it before the court concerned and shall report his place of residence before the court concerned and the local police station.

(iv) the applicant shall report his presence before the local police station every month.

9. The applicant-accused shall be produced in custody before the competent authority for the purpose of re-issuance of his passport for which the Senior Superintendent of Police/ Superintendent of Police of the district concerned will take necessary action. The SSP/SP of the district concerned will be informed through the learned counsel appearing for the State."

7. Thereafter, the learned counsel for the applicant moved a Criminal Misc. Application No.902 of 2020 to set aside the order dated 08.10.2020, passed by the learned Additional Chief Judicial Magistrate, Kashipur in Criminal Case No.4069 of 2019, "State vs. David Morrison and others", whereby, the application of the applicant-accused to release the applicant-accused o