The concept of liberty and the prolonged pre-trial detention influenced the court's decision to grant bail to the applicant.

JUDGMENT

Sushrut arvind Dharmadhikari, J. - Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this third application under section 439 of the Cr.P.C. for grant of bail. First and second bail applications were dismissed as withdrawn vide orders dt.10.12.2021 and 11.01.2022 passed in M.Cr.C. No.39283/2021 and M.Cr.C. No.62837/2021.

The applicant has been arrested on 06.07.2021 by Police Station City Kotwali, District Rewa (M.P.) in connection with Crime No.457/2021 registered in relation to the offences punishable under Sections 8, 21 and 22 of the NDPS act and Section 5/13 of M.P. aushadhi Niyantran adhiniyam, 1949.

The allegation against the applicant, in short, is that 37 bottles (each bottles contains 100 ml i.e. total 3 kg and 700 gm) of Onrex Cough Syrup, which contains intoxicant substance codeine phosphate were seized from the illegal possession of the applicant. On the basis of the aforesaid, crime has been registered.

Learned counsel for the applicant submits that the applicant is aged about 19 years and has been falsely implicated in the case. He has not committed any offence. He is in custody since 06.07.2021. Charge sheet has been filed, therefore, no further custodial interrogation is required. No seizure has been made from the present applicant. It is further submitted that the applicant is a student and if he remains in jail, his career will be spoiled. Disposal of the matter will take long time and the applicant cannot be kept in custody for an unlimited period without any substantial reason. The applicant is permanent resident of District Rewa (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Public Prosecutor for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, no case for grant of bail is made out. It is further submitted that the applicant has a criminal history and there are seven more cases registered against him. On all these grounds, he prays for rejection of bail application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two local sureties each of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

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

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence