JAGDISH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.09/2017 Police Station CBN Nimach for the offences under Ss. 8/15, 25, 29 of NDPS Act.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record. After the rejection of the first bail application on 23/4/2021, statement of two prosecution witnesses were recorded before the learned trial court. Learned counsel for the petitioner submits that the petitioner is facing incarceration for more than five years and statements of only two prosecution witnesses have been recorded.

(3.) He further submits that after the arrest of the other co-accused persons in the present case, the trial has been started de novo. He submits that the prosecution witnesses who have already been examined will be re-summoned in the present case. He submits that the trial is not likely to be concluded in the near future as there are more than sixteen prosecution witnesses whose testimony will be recorded before the trial court. Learned counsel for the petitioner submits that as per the order-sheets produced before this Court, it is more than clear that they have not taken any adjournment before the trial court.