ORDER 1. By 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. Counsel for the respondent-State, on the other hand, has opposed the submissions of the Counsel for the applicant and has stated that the applicant was fully implicated in the matter. He, however, candidly admitted that there is no other evidence on record except the memo under section 27 of the co-accused. He also admitted that there was no other criminal case registered against the present applicant. However, counsel prayed for dismissal of the application. 4. 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, I find that the application needs to be allowed in the interest of justice. The application is, therefore, allowed. 5. However, stringent measures need to be imposed, therefore it is ordered that the applicant be released on bail on his furnishing a bail bond for a sum of Rs.1,00,000/- (Rupees One Lac only) with one surety of like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial. 6.
6. By way of abundant caution, it is further directed that he shall also mark his presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in Court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately. 7. It is also directed that the applicant shall abide by all the conditions enumerated under section 437(3) of the Cr.P.C.