It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., the applicant and co-accused, Lavkush Patel were caught carrying 39900 bottles of contravened articles (Phensedyl) in the Truck. It is also mentioned in the F.I.R. that the applicant and other co-accused, who are driver and Khalasi respectively were carrying already loaded Truck from industrial area Agra to Siliguri. It is further contended that the co-accused, Lavkush Patel (Khalasi of the Truck) and Jatin Prakash Pandey (Owner of the Truck) have already been enlarged on bail by coordinate benchs of this Court vide orders dated 03.12.2020 and 26.03.2021 in Criminal Misc. Bail Application Nos.41750 of 2020 and 13235 of 2021. The case of the applicant stands on identical footing to that of the co-accused, hence, he is also entitled to be enlarged on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 15.08.2020 having no criminal history to his credit as stated in paragraph no.12 of the rejoinder affidavit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
