1. ' ZAFAR AHMED KHAN SHERWANI, J.---Heard the learned counsel for the applicant and the learned Special Prosecutor for ANF.
2. ' The case of the prosecution against the applicant is that at the time of the incident when the complainant Sub-Inspector, Jahangir Khan and others were following the pick up on the tip of some informer that heroin powder was being transported, the driver of the said pick up tried to drive away the pick up during which the person who was sitting by the side of the driver made firing from his pistol and escaped away whereas, the driver who was apprehended at the spot and 17 Kilogram heroin was recovered from the vehicle. However, the applicant/accused was arrested on 18.6.2008 by the local police and then challaned in this case.
3. ' Learned counsel for the applicant contended that no incriminating article was recovered from the possession of the applicant/accused and without identification that he was the same person who made the firing on the complainant party or he was sitting in the mobile van besides the driver and feel way, therefore, it is a case of further enquiry and the applicant is entitled for grant of bail.
4. ' Learned Special Prosecutor, opposes the bail application on the ground that since the applicant had fled away from the place of the incident after firing on the police party, therefore, he is not entitled for the concession of bail as he was seen by the complainant party when he was being fled away.
5. I have carefully considered the arguments of the learned counsel in the light of record. On the query from the learned Special Prosecutor as to why the ANF has not arranged identification parade after arrest of the applicant to ascertain his identity, the learned Special Prosecutor, submitted that the best evidence can still be obtained on the identification of the applicant during the trial. Since up till now there is no tangible evidence available against the applicant with. The Prosecution that he was the same person who fled away from the place of the incident after firing on The complainant party, therefore, he is entitled of the concession of bail. The applicant be released on bail subject to furnishing surety in the sum of Rs, 200,000/- (Rupees Two Lacs Only) and P.R. Bond in the like amount to the satisfaction of the Trial Court.