VISHAL S/O SHIVRATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.192/2021 of Police Station Phalodi for the offence punishable under Ss. 8/22, 29 of NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submit that the petitioner is inside the jail since 19/5/2021 and till date, no witness has been examined before the trial court and the trial is yet pending. A progress report has also been received from the trial court, which also shows that due to some or other reason, the witnesses did not turn up for their evidence. Further, there is no other criminal antecedents against the petitioner.

(3.) In support of his contentions, learned counsel placed reliance on the judgment of Hon'ble the Supreme Court in the case of Union of India Vs. K.A. Najeeb reported in (2021) 3 SCC 713, in which, 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, it has been observed as under: