BADARILAL Vs. STATE OF M P

JUDGEMENT

(1.) B this application filed under section 439 of the Cr.P.C. the applicant Badarilal has moved the application for grant of bail being implicated in Crime No.213/12 registered by police station City Kotwali, Mandsaur for offence under sections 8/18, 29 of the N.D.P.S. Act.

(2.) Counsel for the applicant has vehemently urged the fact that the applicant is a person of 62 years of age and has been falsely implicated by the memo under section 27 of co-accused Viramlal. Counsel submits that Viramlal had alleged that it was the present applicant who had directed him to deliver the contraband 4.5 kg of opium at the bus stand. However, the search and seizure memo by the investigating officer clearly indicated that nothing was found on the premises as well as the agricultural field of the present applicant. If at all, this was the first offence and there are no criminal antecedents recorded against the applicant, counsel prayed for grant of bail since the applicant has been arrested on 05.04.12.

(3.) On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicant is in jail since 05.04.12,1 find that the application needs to be allowed in the interest of justice. The application is, therefore, allowed.