SANJAY DWIVEDI
Rajendra Arya @ Vigul – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sanjay Dwivedi, J. - This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.930/2022 registered at Police Station City Kotwali District Rewa, for the offence punishable under Section 8, 21, 22 of NDPS Act and 5/13 of M.P Drug Control Act.
2. As per the case of prosecution, the applicant was found in illegal possession of 17 bottles of cough syrup.
3. Counsel for the applicant submits that applicant is in jail since 17/10/2022. He has not committed any offence in any manner. He has falsely been implicated in this case. On these grounds, he prays for grant of bail to the applicant.
4. On the other hand, learned counsel for the respondent/State has opposed the bail application saying that there are criminal antecedents against the applicant.
5. Considering the submissions made by the counsel for the parties and quantity of seized cough syrup bottles, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on merits of the case, this application is allowed.
6. It is directed that the applicant be released on bail upon his furnishing personal bo
Grant of bail based on the possession of a valid license for purchasing drugs and the precedent of other co-accused persons being enlarged on bail for similar offenses.
The concept of liberty and the prolonged pre-trial detention influenced the court's decision to grant bail to the applicant.
The completion of investigation, the period of custody, and the likelihood of trial taking some time are relevant factors in considering a bail application.
The decision emphasized the importance of considering the criminal antecedent and the presence of conclusive evidence in bail applications under Section 439 of Cr.P.C.
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