ORDER

1. This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 12/2022 registered at Police Station Mehandwas, District Tonk for the offence under Section 8/29 of NDPS Act.

2. It is submitted by learned counsel for the petitioner that the alleged contraband has not been recovered from the petitioner. The petitioner has been made an accused only on the basis of police statement of co-accused. The petitioner has no criminal antecedents. The bail application of co-accused Kamruddin @ Kamru Chacha under Section 439 of CrPC has already been granted by this Court vide order dated 29.03.2022. Hence, the anticipatory bail application of the accused-petitioner may be granted.

3. On the other hand, learned Public Prosecutor has opposed the bail application.

4. Heard learned counsel for the parties and perused the material available on record.

5. Considering the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.

6. Accordingly, this anticipat