It is argued by the learned counsel for the applicant that the applicant has not committed any offence as alleged in the F.I.R. He was merely a passenger in the car and had no knowledge about the presence of alleged recovered contraband article in the diggi of car. Neither any recovery has been made from the possession of the applicant nor there is any public witness of the alleged recovery. Further mandatory provisions of NDPS Act have not been complied with. It has further been argued that the co-accused, namely, Sandeep Kumar Yadav @ Golu and Rajan Kumar Yadav have already been enlarged on bail by the coordinate Bench of this Court vide order dated 11th September, 2019 and 14th October, 2019 passed in Criminal Misc. Bail Application Nos. 26566 of 2019 and 41838 of 2019, respectively, copy of which orders have been passed on to the Court today, are kept on record. The case of the present applicant is also similar and identical to that of the aforesaid coaccused. As such the present applicant is also liable to be enlarged on bail. The applicant is languishing in jail since 17.04.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
