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2023 Supreme(P&H) 2877

VIKAS BAHL
Chanchal – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Gaurav Datta, Advocate; For the Petitioner
Mr. Kunal Muthreja, AAG, Punjab.

JUDGMENT

Mr. Vikas Bahl, J. (Oral

This is the third petition filed under Section 439 Cr.P.C., 1973 for grant of regular bail to the petitioner in FIR No.239 dated 02.09.2021 registered under Sections 22 /61/85 of the NDPS Act, 1985 ( Section 29 of the NDPS Act has been added later on) at Police Station Gobindgarh Mandi, District Fatehgarh Sahib.

2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 02.09.2021 and the investigation is complete and challan has been presented and there are 15 prosecution witnesses, out of which, only one witness has been examined as yet and thus, the conclusion of trial is likely to take time and the last bail application of the petitioner was dismissed as withdrawn at that stage on 02.02.2023 and even thereafter, the trial has not made any progress, thus, entitling the petitioner to file the present bail petition and keeping in view the custody of the petitioner, he deserves the concession of regular bail, as any further incarceration would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India. Learned counsel for the petitioner has relied upon various orders of the Hon

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