Dinesh Mehta, J
1. This 3rd application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as
‘Cr.P.C.’) in connection with FIR No. 116/2020, registered at Police Station Balesar, District Jodhpur (Rural) for the offences under Sections 8
and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’). A charge-sheet has been filed
for the offences under Sections 8/15, 25 and 29 of the NDPS Act.
2. The first bail application being (S.B. Criminal Miscellaneous Bail Application No. 10313/2020) filed on behalf of the applicant was dismissed as
withdrawn with the liberty to file afresh, once statement of Investigating Officer and Seizure Officer are recorded, on 21.09.2020.
3. The second bail application being (S.B. Criminal Miscellaneous Bail Application No. 16569/2021) filed on behalf of the applicant was dismissed on
28.06.2022.
4. Learned counsel for the applicant submitted that the applicant is in judicial custody since 04.06.2020 and the trial is not proceeding at the desired
pace. He highlighted that out of 19 witnesses, only 11 witnesses have so far been examined. While informing that a supplementary charge-sheet has
been filed against the co-accused (Shyam Lal), he submitted that the case of both the accused will go simultaneously due to which the trial of the
present case will take substantial time and prayed that the applicant be enlarged on bail.
5. Learned Public Prosecutor vehemently opposed the bail application by contending that commercial quantity of contraband substance was recovered
from the present applicant and instead of granting bail, a direction be issued to the trial Court to expedite the trial.
6. Having heard learned counsel for the applicant and considering that a supplementary charge-sheet qua the co-accused (Shyam Lal) has been filed
subsequently, it is apparent that the trial is likely to take substantial time. Even prosecution witnesses (Seizure Officer and Investigating Officer) will
have to come in the witness box once again.
7. In view of the peculiar fact-situation of the case and considering that the present applicant, who is behind the bars for more than 3 and a half years,
this Court is of the view that the applicant be enlarged on bail on the basis of the principles enunciated by Hon’ble the Supreme Court in the cases
of Rabi Prakash Vs. The State of Odisha : Special Leave to Appeal(Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain Vs. State (NCT of Delhi),
reported in 2023 SCC Online SC 352.
8. Consequently, without expressing any opinion on the merits/ demerits of the case, I deem it just and proper to grant bail to the accused-applicant
under Section 439 of the Cr.P.C. The bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Santosh Kumar @ Pintu S/o
Shri Sonaram arrested in connection with FIR No. 116/2020, registered at Police Station Balesar, District Jodhpur (Rural) shall be released on bail on
his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.
9. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
