Kailash Patidar vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard. Perused the case diary / challan papers.

2] This is the second bail application filed by the applicant under Section 483 of B.N.S.S., 2023/439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.409/2021 registered at Police Station Neemuch Kant, District Neemuch (MP) for offence punishable under Sections 8/15 and 25 of the N.D.P.S. Act. The applicant is in custody since 5.6.2022. His first bail application was allowed by the coordinate Bench of this Court vide order dated 22.2.2024 passed in MCRC.No.2530/2024.

3] Counsel for the applicant has submitted that the applicant was released on bail by the coordinate Bench of this Court passed in MCRC.No.2530/2024 vide order dated 22.02.2024. However, soon after he was released on bail, the applicant was again arrested on the basis of cases registered against him under sections 4,6,9 of the M.P. Govansh Vadh Pratishedh, and thus, he could not mark his presence before the trial Court as he had again been arrested.

4] Counsel for the applicant has submitted that the applicant has already been released in all three cases registered under the M.P. Govansh Vadh Pratishedh and one case registered under the IPC. It is further submitted that even otherwise, there was no reason for the applicant not to mark his presence before the trial Court. Thus, it is submitted that the application may be allowed.

4] Counsel for the respondent/State, on the other hand, has opposed the prayer.

5] On due consideration of submissions, perusal of the case-dairy and taking note of the fact that the applicant could not mark his appearance before the trial Court as he was again arrested on the basis of cases registered against him under sections 4,6,9 of the M.P. Govansh Vadh Pratishedh, in such circumstances, further custody of the applicant does not appear necessary.

6] Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

7] M.Cr.C. stands allowed and disposed of.

C.c. as per rules.