ORDER :

1. This is the second bail application under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 02/2020, Police Station NCB Jodhpur, District Jodhpur for the offence under Sections 8/18, 25 & 29 of NDPS Act.

2. The first bail application of the petitioner was dismissed by this Court vide order dated 07.03.2022 as not pressed.

3. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. Counsel submits that the trial is pending for last more than four years and till date, only five prosecution witnesses have been examined out of total 12 witnesses. Counsel submits that some witnesses did not turn up for their evidence despite issuance of summon.

4. In support of his contentions, learned counsel placed reliance on the recent order dated 13.07.2023 passed by Hon’ble the Supreme Court in the case of Rabi Prakash vs. State of Odisha in Special Leave to Appeal (Crl.) No. 4169/2023, wherein Hon’ble the Supreme Court held as under:

“3. We are informed that the trial has commenced but only 1 out of the 19 witnesses has been examined. The conclusion of trial will, thus, take some more time.

4. As