JUDGMENT :

Rajnesh Oswal, J.

1. The petitioner has filed the present application for grant of bail in a charge sheet arising out of FIR bearing No. 114/2020 for offences under Sections 8/21/22/29 NDPS Act on the ground that the petitioner has been in custody with effect from 27.11.2020 in FIR mentioned above and that the petitioner is innocent and has not committed any offence.

2. It is stated that petitioner had filed an application for grant of bail before the Court of Additional Sessions Judge, Kathua (hereinafter to be referred as the trial Court) where the challan was pending but the learned trial Court vide order dated 29.05.2021 dismissed the said bail application. It is further stated that the petitioner has been arrayed as an accused in the challan, without there being any recovery from him and has not played any role in the illegal act but the learned trial Court rejected the said bail application on the ground that the petitioner may tamper with the evidence and repeat the offence.

3. Response stands filed by the respondents in which it is stated that the offence committed by the petitioner is heinous is nature and as such, he is not entitled to bail. Besides, factual aspect