JAYDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.138/2020 Police Station Srivijaynagar, District Sriganganagar for the offences punishable under Ss. 8/18, 25 and 29 of the NDPS Act. The first bail application was dismissed as not pressed on 27/9/2023 by this Court. Learned counsel for the petitioner submits that upto this time only three prosecution witnesses out of thirteen have been cited in the witness list before the trial Court. Counsel further submits that co-accused Dashrath and Kapil have already been enlarged on bail and the case of present petitioner is not distinguishable from that of co-accused. 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:-

(2.) A coordinate Bench of this Court in the case of Umesh Vyas vs. State of Rajasthan (S.B. Criminal Misc. II Bail Application No.14958/2022), vide order dtd. 17/3/2023, also observed as follows:

(3.) Having regard to the totality of the facts and circumstances of the case, I deem it appropriate to allow this fifth bail application solely on the ground of custody period of the accused petitioner and keeping in view the fact that the trial against him has not been completed till date.