Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per prosecution story, 5 kg 300 gm opium is said to have been recovered from the possession of one of the co-accused and on the confessional statement of the co-accused, contraband substance was recovered. The present applicant was arrested after two days of the alleged incident. He also added that there is no cogent piece of evidence against the applicant so as to connect him in the instant matter. In support of his contention, he has also placed reliance on the judgment rendered in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC, 5592 and submits that the case of the present applicant is squarely covered with the judgment aforesaid. Adding his argument, he submits that there are four cases criminal history of the applicant and that has been explained in Paragraph nos. 22 to 25 of the bail application. The case of the present applicant is distinguishable from the case of co-accused, namely, Sangeeta Kumari from whom possession, the contraband was recovered. The applicant is languishing in jail since 21.05.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail.
