This is first application filed by the applicant under Section 439 of the Cr.P.C . for grant of bail relating to Crime No.276/24 registered at Police Station City Kotwali, District Morena (M.P.) for the offence punishable under Section 8/21 of NDPS Act.

2. Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. The quantity of smack allegedly seized from the possession of the applicant does not come within the purview of the commercial quantity. After conclusion of investigation, charge-sheet has already been filed. Applicant is already acquitted in earlier case relating to under Section 8/21NDPS Act in Special Case No.1/2020 on 18.03.2024. Applicant is under custody since 22.04.2024. The applicant is permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant on the ground of parity.

3. Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its dismissal.

4. Heard learned counsel for the rival parties and perused the case diary available on record.

5. Considering t