BHAGWATI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.113/2020 registered at Police Station Mandafia, District Chittorgarh for the offence punishable under Ss. 8/15 and 8/29 of the N.D.P.S. Act.

(2.) The second bail application was dismissed by this Court vide order dtd. 10/7/2023.

(3.) Learned counsel for the petitioner submits that till now only three prosecution witnesses i.e., PW.1 to PW.3 have been examined before the trial Court and similar situated co-accused Shanti Bai has already been granted bail by a co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Counsel further submits that there are no criminal antecedents against the petitioner and the challan of the case has already been presented. The petitioner is in the judicial custody since 23/9/2020 and trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.