SHOBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.65/2021 registered at Police Station Nikumbh, District Chittorgarh, for offences under Ss. 8/15 and 8/25 of the NDPS Act.

(2.) Learned counsel for the petitioner submitted that co-accused Kailash Kumar (S.B. Criminal Misc. Bail Application No.16201/2021) has already been enlarged on bail by a coordinate Bench of this Court vide order dtd. 15/3/2024. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of co-accused Kailash Kumar who has already been enlarged on bail. The order dtd. 15/3/2024 is reproduced herein below for ready reference:

(3.) Learned counsel submitted that the petitioner has already suffered incarceration of more than 3 years and trial against him is not likely to be concluded in near future as out of total 19 cited prosecution witnesses, only 2 witnesses have been examined till date before the competent criminal court. Learned counsel submitted that the delay in trial before the competent criminal court is not at all attributable to the present petitioner.