Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 27.11.2021; as per the prosecution case, co-accused Ali Mohammad riding on motorcycle was intercepted and caught by the police on suspicious circumstances; pillion rider whose name surfaced as Israel fled away from the spot of arrest of Ali Mohammad; 225 gm. smack was recovered from the possession of Ali Mohammad; name of present applicant surfaced in the confessional statement of co-accused Ali Mohammad before the police, main accused Ali Mohammad, who is said to have been arrested on the spot along with contraband, has already been released on bail vide order dated 24.12.2021 passed in Crl. Misc. Bail Application no. 44409 of 2021 by the co-ordinate Bench of this Court; applicant was not arrested on the spot; nothing incriminating material was recovered from the possession of the applicant; he has duly explained criminal history in paragraph-19 of the bail application, which reveals that out of 08 cases, he has been acquitted in three cases whereas applicant has not been chargesheeted in three cases and in rest two cases, applicant has been released on bail by the competent court; copies of bail orders filed as annexure-2 to the affidavit; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
