Mr. Ajay Tewari, J. (Oral) - This petition has been filed under Section 438 Cr.P.C for grant of anticipatory bail to the petitioner in case FIR No. 284 dated 23.12.2018 registered under Sections 21(b), 27-A/61 of NDPS Act, 1985 at PS Bhattu Kalan, District Fatehabad.

2. As per the FIR three persons were apprehended with 110 gms heroine and the petitioner was named in disclosure statement. In the bail application details of the other cases against the petitioner have been mentioned and after taking instructions from SI Mahender Singh learned AAG has accepted the same. Among five cases against the petitioner two are under the NDPS Act, one in which he was awarded sentence of two years (now suspended) and in one another case he is on bail.

3. Considering the fact that no recovery was made from the petitioner in the present case and he was only named in the disclosure statement, I do not deem it appropriate to deny him the concession of bail.

4. Resultantly, the petition is allowed. In the event of arrest he will be released on bail by the Investigating Officer subject to the conditions envisaged under Section 438 (2) Cr.P.C. The petitioner is directed to appear before the Investigating Officer on 29.1.2019 and as and when his presence is required.

5. Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of.