VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with FIR No.252/2020 registered at Police Station Hanuman Nagar, District Bhilwara for the offences punishable under Ss. 8/15, 8/18 and 8/25 of the NDPS Act. The second bail application was dismissed by this Court vide order dtd. 28/9/2022.

(2.) Learned counsel for the petitioner submits that the petitioner is behind the bars for more than three years and up to this time only one prosecution witness has been examined out of total forty-one prosecution witnesses. In support of his contentions, learned counsel placed reliance on the recent order dtd. 13/7/2023 passed by Hon'ble the Supreme Court in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023), wherein Hon'ble the Supreme Court held as under:-

(3.) Hon'ble the Supreme Court in the case of Union of India Vs. K.A. Najeeb reported in (2021) 3 SCC 713, while dealing with the cases where fetters are placed on Court's power to grant bail and the trial has not been completed within a reasonable time, observed as under: