Order :

1. The present fourth bail application has been filed under Section 483 BNSS/439 Cr.P.C. The petitioner has been arrested in connection with FIR No.247/2020 Police Station Sadar Chittorgarh, District Chittorgarh for the offences punishable under Section 8/18 of the NDPS Act .

2. Learned counsel for the petitioner submits that upto this time total six prosecution witnesses have been examined out of total 15 cited witnesses. Counsel submitted that trial is pending for last three and half years and trial of the case will take sufficient time, therefore, the bail may be granted to the petitioner.

3. 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. The State of Odisha ( 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 regard to the twin conditions contained in Section 37 of the NDPS Act , learned counsel for the respondent – State has been duly heard. T