The completion of investigation, the period of custody, and the likelihood of trial taking some time are relevant factors in considering a bail application.

JUDGMENT

Vishal Dhagat, J. - This is third application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

2. Earlier two applications were dismissed as withdrawn vide orders dated 28.09.2022, 16.11.2022 passed in MCRC Nos.43418/2022 and 53787/2022.

3. Applicant has been arrested on 27.08.2022 in connection with Crime No.289/2022 for offence under Sections 8, 21, 22, of the NDPS Act and Section 5/13 of the MP Drugs Control Act registered at Police Station-Sohagi, District-Rewa (M.P.).

4. Learned counsel appearing for applicant submitted that only 13 bottles of Onrex Cough Syrup have been sized from applicant. Applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 27.08.2022. Vide order dated 28.09.2022, applicant was granted liberty to file repeat application after period of three months. Investigation in the case is complete. Applicant is aged about 40 years and only single man in the family to look after his family. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these grounds, he prayed that applicant may be enlarged on bail.

5. Learned Government Advocate appearing for State opposed the application for grant of bail. It is submitted by him that four criminal cases are registered against the applicant out of which three cases relate to Indian Panel Code. On said ground, he prayed for rejection of bail application.

6. Heard the counsel for the parties.

7. Considering the facts and circumstances of the case, and also the nature of offence registered against applicant, investigation is complete and period of custody of applicant and completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed.

8. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court o n condition that on first of every month applicant will go and mark his presence before the concerned Police Station-Sohagi, District-Rewa (M.P.) and if applicant is found to be involved in any other offence in future then bail granted to him today shall stand cancelled and he be apprehended by the police in the present case also.

9. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.