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RAJEEV KUMAR DUBEY
Ashok Shukla – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Heard with the aid of case diary.
2. This is the fifth application filed by the applicant under Section 439 of Cr.P.C. Applicant Ashok Shukla was arrested on 15.07.2020 in connection with Crime No.171/2020 registered at Police Station Sohagi, District Rewa (M.P.) for the offence punishable under Sections 8, 21, 22 of NDPS Act and Section 5/13 of M.P. Drugs Control Act.
3. The first bail application filed by the applicant was dismissed as withdrawn by the Coordinate Bench of this Court vide order dated 23.09.2020 passed in M.Cr.C. No.25619/2020, second and third bail applications were dismissed on merit vide orders dated 20.11.2020 & 28/07/2021 passed in M.Cr.C. No.40618/2020 & 16725/2021 and fourth bail application of the applicant was dismissed as withdrawn vide order dated 08.11.2021 passed in M.Cr.C. No.46733/2021.
4. A s per the prosecution case, on 15/07/2020, on the information of the informant that three persons were transporting illegal cough syrup in a car bearing registration No.DD-01-A-0339 and was coming from Prayagraj (U.P.) to Rewa side, Sheshmani Verma, Assistant Sub-Inspector Police Station Sohagi, District Rewa along with police force went to National Highw
The court considered the lack of apprehension of tampering with evidence and the prolonged custody of the accused as grounds for allowing the bail application.
The concept of liberty and the prolonged pre-trial detention influenced the court's decision to grant bail to the applicant.
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.
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 completion of investigation, the period of custody, and the likelihood of trial taking some time are relevant factors in considering a bail application.
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