IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 12 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 647 of 2026

SANJAY @ SANJU BHATI

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Anuj Bhargava - Advocate for the applicant.

Ms. Bhagyashree Gupta - Govt. Advocate for the respondent/State.

ORDER the alleged offence. The fire arms was not seized from the conscious possession of the applicant. There is no allegation of gun shot fire against the applicant. The final report has been submitted on completion of investigation. The trial would take time to conclude. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in further the trial. The alleged offence is not heinous or brutal in nature affecting society at large. There is no allegation of organized crime constituting threat to national security or general public.

1. This first application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 365/2025 registered at Police Station- Bhatpachlana, District- Ujjain (M.P.) for offence punishable under Sections 25 and 27 of the Arms Act, 1959. Applicant is in judicial custody since

18.09.2025.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case

diary and the relevant material on record.

4. Learned counsel for the applicant in addition to the grounds

mentioned in the application submits that the applicants are falsely implicated in the alleged offence merely on suspicion. He has not committed

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel further refers to three criminal antecedent registered against the applicant, as mentioned in the case diary. Applicant is aged 25 years. He is a labourer by profession.

6. In reply, learned counsel for the applicant submits that the applicant was acquitted in crime no.335/2017 and applicant was sentenced to imprisonment of TRC with fine in Crime no. 380/2018. The other matter is pending for trial. Applicant has never been convicted for any major offence.

7. As per accusation, on 18.09.2025, ASI Shaitan Singh, Police Station Bhatpachlana, District Ujjain conducted raid at the house of the applicant, where from, a country made 12 bore Gun, a live cartridge and another country made gun was recovered and seized at the instance of applicant. Applicant was arrested on 18.09.2025 for offence punishable under Sections 25 & 27 of Arms Act, 1959 and is in custody since then. The veracity of the prosecution and role of applicants will be considered on merit after evidence.

8 . As informed, the applicant - Sanjay @ Sanju has the family responsibility. Considering abovementioned aspects, there appears to be no possibility of fleeing from justice. In absence of any substantial criminal past and previous conviction for any major offence, considering the socio- economic status of the applicant, there appears to be no likelihood of recidivism or tampering with remaining evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-

above, are recorded for present application only.

10. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

11. Accordingly, it is directed that applicant - Sanjay@Sanju Bhati shall be released on bail in connection with the Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the T