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Deepak Choudhary And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 February 2022 · Citation: (2022) 02 MP CK 0030

HON’BLE JUDGES
Rajeev Kumar Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Immoral Traffic (Prevention) Act, 1956 — Section 3, 4, 5
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.5794 Of 2022
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Judgment

23 paragraphs · 360 words

Rajeev Kumar Dubey, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. Applicants were arrested on 02.01.2022 in connection with Crime No.13/2022 registered at

Police Station Kotwali Distt. Narsinghpur (M.P.) for the offences punishable under Sections 3, 4, 5, of Anaitik Vyapar Niwaran Adhiniyam

(Prevention of Immoral Traffic Act).

Learned counsel for the applicants submits that the applicant are innocent and have falsely been implicated in the offence. The alleged offences are

triable by Judicial Magistrate First Class. Applicants have been in custody since 02.01.2022 and conclusion of trial will take time, hence it is prayed

that the applicants be released on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the alleged offences are triable by JMFC, applicants have no criminal past, they

are in custody since 02.01.2022, conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is

directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) each with

separate surety each in the like amount to the satisfaction of the concerned CJM/trial Court for their appearance before the trial Court on all such

dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicants :

1.

The applicants will comply with all the terms and conditions of the bond executed by them;

2.

The applicants will cooperate in the trial;

3.The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court;

4.

The applicants shall not commit an offence similar to the offence of which they are accused;

5.

The applicants will not seek unnecessary adjournments during the trial; and

6.

The applicants will not leave India without prior permission of the trial Court.

Certified copy as per rules.