Sunil Jain vs State Of Madhya Pradesh

Sunil Jain, J

This is third application filed under section 483 of the BNSS, 2023 for grant of temporary bail in connection with Crime No. 168/2025 registered at Police Station - Jaora City, District - Ratlam(M.P.) for offence punishable under Sections 8/22 and 29 of NDPS Act. He is in custody since 23.06.2025. Applicant's first temporary bail application was disposed off videorder dated 08.10.2025 passed in M.Cr.C. No. 44543/2025 on the ground of ill health of wife of the applicant. His second bail application was dismissed as withdrawn videorder dated 25.11.2025 passed in M.Cr.C. No. M.Cr.C. No. 51668/2025.

2 . Learned counsel for the applicant submits that the present third application for grant of temporary bail to the applicant has been filed on the ground of serious ailment of applicant's son. Learned counsel further submits that the minor son of applicant was suffering from Viral Hepatitis. He was discharged after treatment on 27.03.2026. But due to Gastroenteritis with dehydration, again he is admitted to District Hospital, Ratlam with complaint of fever, vomiting and loose motions. On these grounds, learned counsel prays for grant of temporary bail to the applicant for proper treatment of his son.

Learned Counsel for State submits that the earlier documents filed by the applicant regarding treatment and discharge of his son have been verified, but present status of medical health is yet to be verified.

Heard learned counsel for the parties and perused the verification report received from P.S. Jaora City and the medical papers of the son of applicant annexed with the bail application.

Considering the medical papers, the request for temporary bail is allowed on humanitarian grounds to facilitate medical assistance and proper treatment to the applicant's son - Lakshya Jain and considering the gravity of alleged offence, it is directed that the applicant shall be released on temporary bail for a period of 15 (fifteen) days from the date of his release on bail for treatment of his son as "an inhouse patient at any Medical Centre or Nursing Home", subject to deposit of cash amount of Rs. 25,000/- in the trial Court and on his furnishing personal bond of Rs.1,00,000/- (Rupees One lakh only) with one surety of the like amount to the satisfaction of the trial Court for compliance with following conditions-

(i) Applicant shall admit his son for treatment at any Medical centre and submit copy of medical status and treatment papers of his son, as inhouse patient, on Monday of every week before the trial Court.

(ii) If his son - Lakshya Jain is discharged from Medical Centre/ Nursing Home before expiry of 15 days, applicant shall immediately surrender to custody of concerned Court/ Superintendent of concerned Jail.

(iii) The applicant shall abide by the conditions enumerated u/S 437(3) of Cr.P.C. during period of bail.

In case of failure to comply the order within 03 days or violation of any condition of bail, this temporary bail order shall automatically stand cancelled and the cash amount and the bonds shall be forfeited.

The applicant shall surrender before the trial Court on or before expiry of period of 15 (fifteen) days. The cash amount be returned to the applicant on surrender, else it will be forfeited. Necessary papers regarding surrender and treatment of the wife of applicant be furnished to the registry of this Court also.

M.Cr.C. stands disposed of accordingly. C.C. as per rules.