[2025:RJ-JP:16850] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IV Bail Application No. 5319/2025 Sujan Singh S/o Bhairu Lal, R/o Ghoda Chauraha, Kacchi Basti, Police Station Jawahar Nagar, District Kota (Rajasthan) (At Present Confined In District Jail Kota, District Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 22/04/2025 1. The instant fourth bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.193/2022 registered at Police Station Jawahar Nagar (Kota City), District Kota City for the offence under Section 8/20 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the petitioner has preferred the fourth bail application on the grounds that he is in custody since more than two and half years and out of 28 witnesses, only 9 witnesses have been examined. It is also contended that the petitioner's mother is an old lady and there is no one to take care of her, therefore, the petitioner may be enlarged on bail. [2025:RJ-JP:16850] (2 of 2) [CRLMB-5319/2025] 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the second bail application of the accused-petitioner was dismissed vide order dated 24.07.2024. Considering the merits, the maximum punishment under Section 8/20 of NDPS Act is 20 years. The Hon'ble Apex Court in the case of Narcotics Control Bureau Vs. Mohit Aggarwal: 2022 LiveLaw (SC) 613, has categorically held that the merre delay in trial itself cannot be a ground to dilute the conditions enshrined under Section 37 of the NDPS Act, therefore, the fourth bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case, the second bail application of the accused-petitioner was dismissed vide order dated 24.07.2024. Considering the merits of the case and also the fact that the Trial Court has already recorded 9 witnesses out of total 28 cited witnesses, which shows that trial is being conducted accordingly. Therefore, considering the above facts, this Court is not inclined to enlarge the accused- petitioner on bail. 6. Hence, the fourth bail application of the accused-petitioner is hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/6