The potential alteration of charges at any stage by the trial court and the need for expedited trial due to the petitioner's medical condition were central legal points established in the judgment.

JUDGMENT

Devendra Kachhawaha, J. - The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 147/2018, Police Station Anadra, District Sirohi, registered for the offence punishable under Sections 8/15 & 29 of the NDPS Act and Sections 420, 467, 468 & 471 of the Indian Penal Code.

2. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that first bail application (No. 14884/2019) was dismissed as not pressed vide order dated 06.03.2020; thereafter, second bail application was (No. 7446/2020) was dismissed as not pressed with a liberty to file a fresh bail application after recording of the statement of the Investigating Officer; thereafter, statement of the Investigating Officer, Prabhu Lal has been recorded as PW. 5; as per prosecution, alleged contraband-poppy husk weighing 119 kgs. 300 gms. have been recovered in the present case on 20.10.2018; as per Seizure Memo at page No. 39 of the charge-sheet, contraband has been recovered from an abandoned car; no-one has been arrested from the place of recovery; as per prosecution, two persons ran away from the place of recovery; no identification parade has been conducted by the concerned Investigating Officer; during recording of the statement, Investigating Officer stated that registered owner of the alleged vehicle is co-accused, Mahendra Bhavat who has been arrested on 12.05.2019, he has stated that the alleged vehicle has been sold to the present petitioner, Mukesh Kumar; as per the arrest memo, the present petitioner has also been arrested on the same day, i.e., 12.05.2019; petitioner has given the information under Section 27 of the Evidence Act about the place of recovery; petitioner's mobile number is 8114411405 which is registered in the name of his brother Naresh Kumar Dangi; as per prosecution, there is a call detail report; the petitioner is implicated in this case on the basis of the call detail report with the mobile number 7073138643 which is used by Prakash @ PP and that number belongs to his wife. Learned counsel further stated that charges have been framed against co-accused Mahendra Bhavat for the offence punishable under Sections 8/15 and 8/25 of the NDPS Act whereas, charges have been framed against the present petitioner under Section 8/29 of the NDPS Act and some of the offence are punishable under sections of the IPC; it is not clear that the car has been driven by whom to the place of recovery. It is further stated that Investigating Officer Prabhu Lal (PW. 5) could not made clear that how the petitioner is linked to the present case with the other co-accused; charge-sheet has been filed; and trial will take time. Learned counsel relied upon a judgment recently passed by Hon'ble the Apex Court in the case of Bharat Choudhary v. Union of India, in Special Leave to Appeal (Criminal) No. 5703/2021, decided on 13.12.2021 in which it has been held that "Reliance on printouts of Whatsapp messages downloaded form the mobile phone and devices seized from the office premises of A-4 cannot be treated at this stage as sufficient material to establish a live link between him and A-1 to A-3." and on the basis of the judgment passed by Hon'ble the Apex Court, Gujarat High Court has also passed an order in the case of Yash Jayeshbhai Champaklal Shah v. State of Gujarat in Crl. Misc. Application No. 1234/2022, decided on 02.03.2022. Learned counsel lastly urges that petitioner is suffering from a spinal cord problem and earlier benefit of interim bail on the ground of his medical condition has also been granted to the petitioner; petitioner is behind the bars since 12.05.2020; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

4. Per co