JUDGMENT 1. - This bail application under section 439 of the Code of Criminal Procedure has been filed by the accused petitioner Prem Singh in relation to Special Sessions Case No. 152/2003 pending in the court of Special Judge (Sessions Judge) N.D.P.S. Act Cases, Bharatpur for the offence under section 8/21 of the N.D.P.S. Act. 2. Heard learned counsel for accused petitioner, learned Public Prosecutor for the State and perused the material placed during the course of arguments. 3. It was inter alia contended that case against the accused petitioner is only of recovery of 2 gm. smack which is small quantity prescribed under the N.D.P.S. Act and maximum six months punishment is provided for such offence. It was also contended that on account of going outside for earning livelihood the accused petitioner could not come on 23.7.2004 and thereafter he was arrested and he is languishing in jail since 6.6.2005 and about two years have since elapsed. It was further contended that the trial is still pending and the accused petitioner shall not commit any such mistake in future. 4. Learned Public Prosecutor opposed the bail application. 5. Without making any observation on merits, having considered the rival submissions made at the bar, material placed during the course of arguments and keeping in view entire facts & circumstances and also the fact that the accused petitioner is languishing in jail since 6.6.2005 and the trial is said to be still pending, I deem it proper to grant one more opportunity to the accused petitioner. 6. In the result, the bail application is allowed and it is ordered that accused petitioner Prem Singh son of Bhagwan Singh be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/- together with two surety bonds each in the sum of Rs. 10,000/- to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so during the pendency of the trial against him.Bail allowed. *******