1 9 S.B. CRL. MISC. 2nd BAIL APPLICATION NO. 1908/2010. Bijal Vs. The State of Rajasthan Date of Order :: 23rd March 2010. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Manish Pitaliya, for the petitioner. Mr. Mahipal Bishnoi, Public Prosecutor. ... BY THE COURT: The petitioner has moved this second bail application after rejection of the first bail application on 08.12.2009. It has strenuously been argued that though accusations were earlier suggested against the petitioner for the offences under Sections 8/15, 8/18, 8/25 of the NDPS Act but ultimately he has been charged under Section 8/29 of the NDPS Act. It is further submitted that the co-accused Rameshwar @ Rama has been ordered to be enlarged on bail by this Court while allowing his bail application (No. 657/2010) on 08.02.2010. The facts and circumstances pertaining to the present petitioner were considered while rejecting the first bail application on 08.12.2009 when this Court, inter alia, noticed:- “It is noticed that the petitioner has been arrested in relation to this case on 11.04.2009. The case was registered on 03.04.2008 and the initial charge-sheet was filed on 29.09.2008. It is also noticed from the papers placed on record that, in fact, the prosecution evidence had started in the Trial Court before putting up of the 2 supplementary charge-sheet in relation to the petitioner. It is further noticed that the petitioner did move an application for anticipatory bail under Section 438 Cr.P.C. to this Court (Bail Application No. 6729/2008) that was dismissed as not pressed on 05.12.2008. The petitioner was, however, arrested only on 11.04.2009.” Looking to the totality of the facts and circumstances, this Court does not feel persuaded to grant indulgence to the petitioner in this second bail application. It may, however, be reiterated, as observed at the time of rejection of the first bail application that though the petitioner was arrested late and the supplementary charge-sheet was filed in his relation and the trial has progressed, the learned Trial Court is expected to proceed expeditiously with the matter curbing against unnecessary delay. With the observations aforesaid, this second bail application moved on behalf of the petitioner Bijal S/o Bakshu Rebari stands rejected. (DINESH MAHESHWARI), J. //Mohan//