Kanhaiya @ Laxman Das 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.342/2016 registered at Police Station Jawad, District Neemuch (MP) for offence punishable under Sections 8/15 and 29 of the N.D.P.S. Act. The applicant is in custody since 17.12.2025. It is a case of bail jump.

3] Counsel for the applicant has submitted that although, the applicant was granted bail by this Court in M.Cr.C. No.19950/2017 vide order dated 03.11.2017, however, he could not mark his appearance before the Trial Court for eight months, on account of his brother's ailment, who also died subsequently, and thereafter, the applicant surrendered in the Trial Court and is lodged in jail since 17.12.2025. Death Certificate of applicant's brother is also filed on record. 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 on account of ailment of his brother, who also died subsequently, 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.