BHAGWANA RAM Vs. STATE

JUDGEMENT

(1.) This is the second bail application under Sec. 439 Cr.P.C. The petitioner was arrested in connection with FIR No.VIII(IO)/03/NCB/JZU/2017, Police Station NCB Jodhpur for the offence under Ss. 8/18, 25 of NDPS Act.

(2.) The first bail application of the petitioner was dismissed by this Court vide order dt. 21/3/2018 as not pressed.

(3.) Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is inside the jail since 15/3/2017 i.e. for last more than five years and 10 months and the trial is yet pending. Learned counsel while placing reliance on the decision of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Anr. in Special Leave Petition (Crl.) No.5191 of 2021 has contended that a prolonged trial against the petitioner who is under custody since long, would be violative of Article 21 of the Constitution. It is therefore, prayed that since the petitioner is inside jail and the trial of the case will take a sufficient long time, the benefit of bail may be granted to the accused-petitioner.