NARESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.

(2.) The present bail application has been filed by the applicant in case crime No. 1017 of 2013, under Section 8/22(6) N.D.P.S. Act police station ,Kotwali, District - Chitrakoot with the prayer to enlarge him on bail.

(3.) The submission of the learned counsel for the applicant is that the case of the applicant is distinguishable from other co -accused as much as the applicant has not been apprehended on the spot and is said to have escaped whereas the other two were apprehended on spot and the recovery is said to have been made from the tempo, which is said to have been in possession of those two persons. It has been submitted that the applicant has no criminal history and he has been falsely implicated. It has lastly been submitted that the applicant is in jail since 01.04.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail. Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. Considering the facts and circumstances of the case and without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.