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SUSHRUT ARVIND DHARMADHIKARI
Suraj Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent
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 First and second bail applications were dismissed as withdrawn vide orders dt.10.12.2021 and 11.01.2022 passed in M.Cr.C. No.39283/2021 and M.Cr.C. No.62837/2021.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
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 court considered the prolonged custody and the possibility of delay in trial conclusion as grounds for granting bail with stringent conditions.
The court may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering prolonged custody and the likelihood of delay in the conclusion of the trial, imposing stringent condition....
The court may grant bail with stringent conditions based on the prolonged custody of the applicant and the possibility of delay in the conclusion of the trial.
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.
Prolonged custody and the likelihood of delay in the conclusion of the trial can be grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
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