It is alleged that on 22nd September, 2020,from the possession of applicant and co-accused Lokesh @ Naihna 300gm intoxicating powder Alprazolam was recovered. The co-accused Lokesh @ Naihna has been granted bail by co-ordinate Bench of this Court vide order dated 04.01.2021 in Criminal Misc. Bail Application No. 46507 of 2020, therefore, the applicant is entitled for bail on the ground of parity. It is alleged that from the possession of applicant 330gm powder was recovered. He submits that there is no independent witness of the alleged recovery. He further submits that the mandatory provision of Sections 50 of the N.D.P.S. Act has not been complied with and has been falsely implicated in the case. He submits that the case of the applicant is better that the co-accused Lokesh @ Naihna enlarged on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 22.09.2020.
