JUDGMENT

B.S. Walia, J. (Oral) - Prayer in the second petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.140 dated 23.10.2020, registered under Sections 21/25/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station City STF, District SAS Nagar, Mohali, CRM-M-20923-2021, filed earlier having been withdrawn vide order Annexure P/7 dated 26.10.2021, with liberty to file a fresh petition in accordance with law at appropriate stage, if the circumstances of the case so warranted.

2. Learned counsel contends that more than 5 months have lapsed and not even a single witness has been examined out of 20 prosecution witnesses, the petitioner is in custody since 23.10.2020, challan has been presented on 15.03.2021, charges have been framed besides co-accused, Varun, against whom identical allegations are there was granted regular bail vide order Annexure P/8 dated 18.11.2021, in 'CRM-M-28023-2021, that recovery of 300 grams of heroin is marginally above the commercial quantity i.e. 250 grams, trial is likely to take considerable period of time besides the petitioner was blessed with a son on 07.10.2020 and said child