(1.) They are heard. Perused the case diary / challan papers.
(2.) This is the second application for temporary bail filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.74/2016 registered at Police Station CITY KOTWALI DISTRICT MANDSAUR for offence punishable under Ss. 8/21/25/29 of NDPS. The applicant is in custody since 23/01/2024 2. His earlier bail application was dismissed by this Court vide order dtd. 9/2/2024 passed in MCRC.No.5572/2024 taking note of the fact that the applicant was absconding since 7-8 years, and also the fact that two other cases have also been registered against him.
(3.) Counsel for the applicant has submitted that in the aforesaid two cases the applicant has already been acquitted and presently his wife is suffering from gynae problem which fact has already been verified by the respondent/State. It is further submitted that the applicant is lodged in jail since 23/01/2024 and final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.