JUDGMENT :

Alpesh Y. Kogje, J.

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for successive regular bail in connection with FIR being C.R. No. II/293/2019 registered with Kim Police Station, Surat for offence under Sections 8(C), 22 and 29 of the N.D.P.S. Act.

2. The previous bail application i.e. Criminal Misc. Application No. 15259 of 2020 was disposed of, as withdrawn vide order dated 16.02.2021.

3. Learned advocate for the applicant submits that the applicant is wrongly implicated in the offence, as the applicant was not caught red handed and by way of transfer warrant, the applicant is arraigned as an accused.

4. Learned advocate for the applicant states that the applicant is victim of wrong identity in view of the fact that even in the FIR, the reference is made to one Imran, who belongs to Ankleshwar, whereas the present applicant is though named Imran, but he belongs to Viramgam.

5. Learned advocate for the applicant submits that the only evidence against the applicant is the statement of co-accused, and therefore, also, the applicant deserves to be enlarged on regular bail.

6. As against this, learned APP submits that the trial has