ORDER : 1. The instant bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioner who is in custody in connection with FIR No.155/2018 registered at Police Station Asnawar, District Jhalawar for offence under Section 8/15 of the NDPS Act. 2. As per the prosecution case, on 17.09.2018 at 12:12 PM, Islam Ali, SHO Police Station Asnawar along with other police personnel left the police station and reached Dungargaon Ghati, NH-52 at 12:30 PM, where for the purpose of checking, Nakabandi was made by them. It is stated that at about 01:15 PM, a truck (trailer) No. RJ 07 GA 7841 came there from Aklera side. The driver of the said truck was signaled to stop for checking purpose on which, the driver stopped the truck. There were two persons sitting in the cabin. The driver disclosed his name as Dhanraj. In search of the truck, total 9 white colour plastic bags were found in which total 199 Kgs of contraband opium dodachura was kept. The person sitting on the cleaner seat (Khalasi) somehow succeeded in fleeing away from the spot and ran away toward the nearby Jungle. As per prosecution case, samples were taken out from the sacks. The driver Dhanraj, petitioner herein was taken into custody in connection with the alleged recovery and on reaching police station, formal FIR No.155/2018 was registered and investigation was commenced. After completion of investigation, charge-sheet was filed. The accused petitioner is thus, facing trial before the court of learned Special Judge, NDPS Cases, Jhalawar and out of total 14 cited witnesses, only eight witnesses have been examined so far. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He is in custody since 17.09.2018 and as such, till date, he has suffered incarceration of nearly four years and nine months. He further submits that period of custody is always relevant consideration for grant of bail. He further submits that only eight witnesses have been examined out of 14 cited witnesses. There are bleak chances of culmination of trial in near future. Learned counsel further submits that there is no criminal antecedents of similar nature. He further submits that co-accused Mohanlal has already been granted bail by this Court from whom, the accused petitioner has alleged to have purchased the contraband. There are bleak chances of culmination of trial in near future. Learned counsel further submits that there is no criminal antecedents of similar nature. He further submits that co-accused Mohanlal has already been granted bail by this Court from whom, the accused petitioner has alleged to have purchased the contraband. Learned counsel for the petitioner has relied upon the following judgments passed by Hon'ble Apex Court as well as of this Court:- 1. Abdul Majeed Lone Vs. Union Territory of Jammu and Kashmir (Special Leave to Appeal (Crl.) No.3961/2022 2. Amit Singh Moni Vs. State of Himachal Pradesh : Criminal Appeal No.668/2020 3. Tapan Das vs. UOI (Special Leave to Appeal (Criminal) No.5617/2021 4. Ghanshyam Sharma vs. State of Rajasthan (Special Leave to Appeal (Criminal) No.5397/2019 5. Nadeem vs. State of UP (Special Leave to Appeal (Criminal) No.1524/2022 6. Suresh Kumar vs. State of Rajasthan (S.B. Criminal Misc. 3rd Bail Application No.16118/2022, decided on 04.01.2023) 7. Govind vs. State of Rajasthan (S.B. Criminal Misc. 2nd Bail Application No.426/2023, decided on 17.02.2023) 4. He submits that in all these cases, bail was granted only on the ground of period of incarceration. He also relied upon the order passed by Hon'ble Apex Court in the case of Raju Ram vs. State of Bihar, (2023) 1 Supreme 670 wherein it has been held that on the basis of period of incarceration, bail can be granted by relaxing the provision of Section 37 of the NDPS Act. 5. Per contra, learned Public Prosecutor opposed the bail application and submits that 199 Kgs. opium dodachura was found from the truck, being driven by the petitioner at the time of recovery, which is commercial quantity and considering the rigour of Section 37 of the NDPS Act, bail should not be granted. 6. I have heard and considered the submissions advanced by counsel for the petitioner as well as learned Public Prosecutor and perusal the material available on record. 7. As per record, the petitioner is in custody since 17.09.2018 and thus, he has suffered incarceration of nearly 4 years and 9 months till date. It also appears from the record that only eight witnesses have been examined so far and there is a bleak chance of culmination of trial in near future and thus, the fundamental right of the petitioner of speedy trial is also being violated. It also appears from the record that only eight witnesses have been examined so far and there is a bleak chance of culmination of trial in near future and thus, the fundamental right of the petitioner of speedy trial is also being violated. The Hon'ble Apex Court has granted bail to different accused persons by considering the period of incarceration of about two years or more. 8. Considering the overall facts and circumstances of the case especially the fact that the petitioner is in custody since 17.09.2018 and in similar fact situation, benefit of bail has been extended to the persons by the Hon'ble Apex Court as well as by this Court who have suffered incarceration of 2 years or more, I deem it just and proper to accept the instant bail application. 9. Thus, the bail application is allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 10. It is made clear that the petitioner shall not involve in any other similar offence during currency of the bail. In case, breach of this condition is reported or come to the notice of the Court, the trial court can cancel the bail granted to him by this Court.