ORDER : 1. The second application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') in connection with FIR No. 42/2019 registered at Police Station Ghamoorwali, District Sriganganagar for the offences under Sections 8/22 & 29 of NDPS Act. 2. Applicant's first bail application was dismissed vide order dated 07.06.2021 as not pressed, with a liberty to file a fresh bail application after recording the statements of Investigating Officer and Seizure Officer. 3. Mr. Dadhich, learned counsel for the applicant submitted that trial is continuing since 2019 and in spite of passing the period of more than five years, the same has not yet been concluded. 4. Learned counsel attracted Court's attention towards the proceeding of the trial court, which is placed on record and submitted that since 24.08.2020, PW-9 (Om Prakash) is not turning up in the witness box and trial is pending due to adjournment for the purpose. 5. Learned Public Prosecutor produced the factual report dated 21.01.2024 sent by concerned SHO of Police Station Ghamoorwali, District Sriganganagar and submitted that trial is pending only for the purpose of recording the evidence of accused PW-9 (Om Prakash). 6. Having regard to the facts and circumstances of the case and considering what has been noted in para No. 4 above and that the applicant is suffering incarceration on account of prolonged trial, this Court is of the view that applicant's fundamental right of speedy trial, guaranteed by the Constitution of India, have been infringed. 7. Hence, being guided by the law laid down by Hon'ble the Supreme Court in the cases of Rabi Prakash v. State of Odisha, Special Leave to Appeal (Crl.) No. 4169/2023 and Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 SCC Online SC 352, this Court is persuaded to enlarge the present applicant on bail. 8. Consequently, the second bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant Prem Kumar S/o Shri. Rajendra Kumar arrested in connection with FIR No. 42/2019 registered at Police Station Ghamoorwali, District Sriganganagar shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. 9. The applicant Prem Kumar S/o Shri. Rajendra Kumar arrested in connection with FIR No. 42/2019 registered at Police Station Ghamoorwali, District Sriganganagar shall be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. 9. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.