Nitin Kushwaha vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the the first application under Section 439 of Cr.P.C for grant of bail. Applicant Nitin Kushwaha was arrested on 02/01/2022 in connection with

Crime No.13/2022 registered at Police Station Kotwali, District Narsinghpur (M.P.) for the offences punishable under Sections 3, 4, 5 of the Immoral

Traffic Act.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The alleged offences are triable

by Judicial Magistrate, First Class. Applicant has been in custody since 02/01/2022 and conclusion of trial will take time, hence it is prayed that the

applicant 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 Judicial Magistrate, First Class, the applicant is

in custody since 02/01/2022 and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is

directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent

surety in the like amount to the satisfaction of the concerned CJM/trial Court for his 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 applicant :

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

3.The applicant will not indulge himself 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;

The applicant shall not commit an offence similar to the offence of which he is accused;

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

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

Certified copy as per rules.