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NEUTRAL CITATION NO. 2025:MPHC-IND:37986

1 MCRC-60301-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

th

ON THE 29 OF DECEMBER, 2025

MISC. CRIMINAL CASE No. 60301 of 2025

RAJAT AJMERA

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Applicant (s) by Shri Ayushman Gupta - Advocate.

Respondent - State of Madhya Pradesh by Shri Rahul Solanki -

Government Advocate appearing on behalf of the Advocate General.

ORDER

This first application has been filed by the applicant under Section 483

of BNSS, 2023 for grant of bail in connection with Crime No.393 of 2025

registered at Police Station - Balakwada, District Khargone (M.P.) for

offence punishable under Section 318 (4) of BNS, 2023 along with Section 3

read with Section 7 of Essential Commodities Act, 1955. The applicant is in

custody since 03.12.2025.

2] Learned counsel for the applicant has submitted that the applicant

has been falsely implicated in this case. It is submitted that this Court, in the

case of Santosh Sahare vs. State of Madhya Pradesh 2015(3) MPJR 50, has

held that offence under Section 3/7 of the Act of 1955 is a bailable offence

as the amendment has not been brought in the Act of 1955 after some

ordinance in the year 1981. It is further submitted that on the basis of the said

Signature Not Verified

Signed by: RAMESH

CHANDRA PITHAWE

Signing time: 12/31/2025

3:09:53 PM

NEUTRAL CITATION NO. 2025:MPHC-IND:37986

2 MCRC-60301-2025

principle, this Court in number of cases has granted bail holding that the

offence under Section 3/7 is a bailable offence. Learned counsel for the

applicant has also placed reliance on the order dated 05.09.2020 passed by

Indore Bench of this Court in M.Cr.C. No.26957/2020 (Rakesh Kumar vs.

State of M.P.) wherein, the Court has considered the effect of the earlier

amendment and its period and held that offence under Section 3/7 of the Act

of 1955 is a bailable offence. It is further submitted that the applicant has

been lodged in jail since 03.12.2025 and the final conclusion of trial will take

sufficiently long time, thus, it is prayed that the application be allowed.

3] Learned counsel for the respondent/State has vehemently opposed

the prayer and prayed for dismissal of the bail application.

4] Having heard the rival submissions and on perusal of the case

diary as also looking to the fact that the alleged offence under the Essential

Commodities Act, 1955 is bailable, this Court finds that the further custody

of the applicant does not appear to be necessary.

5] Accordingly, without commenting on the merits of the case, the

application filed by the applicant is hereby allowed. The applicant is directed

to be released on bail upon furnishing a personal bond in the sum of

Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like

amount to the satisfaction of the trial Court for his/her regular appearance

before the trial Court during trial with a condition that he / she shall remain

present before the court concerned during trial and shall also abide by the

conditions enumerated under Section 437 (3) Criminal Procedure Code,

1973.

Signature Not Verified

Signed by: RAMESH

CHANDRA PITHAWE

Signing time: 12/31/2025

3:09:53 PM

NEUTRAL CITATION NO. 2025:MPHC-IND:37986

3 MCRC-60301-2025

6] Accordingly, the application is allowed and disposed of.

Certified copy as per rules.

(HIMANSHU JOSHI)

V. JUDGE

rcp

Signature Not Verified

Signed by: RAMESH

CHANDRA PITHAWE

Signing time: 12/31/2025

3:09:53 PM