(1.) Applicant-Rohit Kumar has filed the present application, under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC'), for releasing him on bail, during the pendency of trial, in case FIR No. 38 of 2023, dtd. 1/7/2023, registered with Police Station Sunni, District Shimla, H.P., under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act").
(2.) According to the applicant, he is an innocent person and has falsely been implicated, in this case, as he has nothing to do with the alleged offence. The investigation, in the present case, is almost complete and nothing is to be recovered from him or at his instance.
(3.) The applicant has given certain undertaking, for which, he is ready to abide by, in case, ordered to be released on bail. The relief has also been sought on the ground of parity as his co-accused namely, Guddu has already been released on bail vide order dtd. 25/8/2023.