SAXENA, J. - (1.) THIS is the second bail petition filed on behalf of the petitioner.
(2.) THIS Court vide its order dated 10. 8. 93 while rejecting petitioner's earlier bail petition had directed that he shall be at liberty to file fresh bail petition after the statements of Bheru Singh, Ram Lal, Jhunjhar Singh, Kishor Singh, Balu, Bheru and Devi Singh are recorded by the learned trial Judge. The learned trial Judge recorded the statements of P. W. 1 Bheru Singh, PW 2 Jhunjhar Singh, PW 3 Kishor Singh, PW 4 Devi Singh, PW 5 Bhoor Singh, PW 6 Shammi Ulla, PW 7 Balu and PW 8 Bheru Lal, wherein PWs. 1 to 4 and 7 & 8 have been declared hostile as they did not support the prosecution case. It appears that thereafter co-accused Bishan Singh was arrested and the trial court vide its order dated 9. 6. 94 ordered for de-novo trial. The petitioner is under detention since 10. 9. 92 and the alleged 2 quintal & 40 Kgs. poppy husk, which was carried on a camel was not recovered from the actual physical possession of the petitioner. De Novo trial would mean further unnecessary detention of the petitioner, which violates the petitioner's right for speedy trial. Therefore, keeping in view all the facts & circumstances of the case as also the provisions of section 37 of the N. D. P. S. Act and the provisions of Art. . 21 of the Constitution of India, I am of the considered opinion that it is a fit case wherein the petitioner now deserves bail. Accordingly this bail petition is allowed and it is ordered that petitioner Kalu Singh be released on bail provided he executes his personal bond for a sum of Rs. 40,000/- (Rs. forty thousand) and furnishes two sound & substantial sureties for a sum of Rs. 20,000/- each to the satisfaction of the learned trial Judge for his regular appearance before him on each and every date of hearing and whenever ordered to do so. The petitioner shall also furnish a written undertaking to the effect that he shall keep peace and be of good behaviour and shall not commit any offence under the N. D. P. S. Act, 1985 during the trial of this case. .;