[Cites 3, Cited by 0]
Madhya Pradesh High Court
Ajay Singh Rathore vs The State Of Madhya Pradesh on 16 December, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:37017
1 MCRC-56385-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 16 th OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 56385 of 2025
AJAY SINGH RATHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Senior Advocate Virendra Sharma appeared through VC along with Shri
Jitendra Sharma- Advocate for the applicant.
Shri Santosh Singh Thakur GA for the State.
ORDER
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. 571 of 2025 registered at Police Station- Nanakheda, Ujjain,
District- Ujjain (M.P.) for offence punishable under Sections 108 of the BNS,
2023 and section 3 /4 of the Riniyon Ka Sanrakshan Adhiniyam. Applicant is in
judicial custody since 22/11/2025.
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 applicant is falsely implicated in the alleged
offence. No offence, as alleged, is committed by the applicant. Learned counsel
referring to judgment of the Supreme Court in the case of Sanju @ Sanjay
NEUTRAL CITATION NO. 2025:MPHC-IND:37017
2 MCRC-56385-2025
Singh Sengar Vs. State of M.P. reported in AIR 2002 SC 199; Amalendu
Pal @ Jhantu Vs. State of West Bengal, reported in (2010) 1 SCC 707,
Arnab Manoranjan Goswami Vs. State of Maharashtra and Others
reported in 2020(SCC Online) SC 964 and Abhinav Mohan Delkar Vs.
State of Maharashtra reported in 2025 INSC 990, contends that mere
harassment without any positive proximate action on part of the accused
showing mens-rea to abet the suicide does not amount to abetment for
suicide. Mere mention of name in the dying declaration is not sufficient to
constitute abetment for suicide.The final report has been submitted on
completion of investigation. The trial would take time to conclude. Jail
incarceration is causing hardship to the applicant and the dependent family.
Applicant is ready to cooperate in the trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
6. According to the material available on case diary, Amit Sawant
committed suicide by hanging at his home in the morning of 30/09/2025. One
hand-written note was recovered from the table near the dead body, wherein it was
alleged that Ajay Singh Rathore is responsible for his death. During inquest, it
was revealed that Ajay had advanced loan on interest to Amit Sawant. Ajay was
pressurizing him for repayment of loan. Due to distress and harassment, Amit
Sawant committed suicide by hanging. On such allegation, the Police Station -
Nanakheda, Ujjain registered FIR for the offence punishable under section 108 of
the BNS, 2023 and section 3/4 of the Riniyon Ka Sanrakshan Adhiniyam against
Ajay Singh. Applicant Ajay was arrested on 22/11/2025. He is in custody ever
NEUTRAL CITATION NO. 2025:MPHC-IND:37017
3 MCRC-56385-2025
since. The final report was submitted on completion of investigation. The trial
would take time to conclude. The contentions raised by the applicant have prima-
facie substance. The veracity of prosecution and complicity of the applicant for the
alleged offence will be determined after evidence in the trial.
7. As informed, the applicant is aged around 45 years and runs a dairy
farm. He has family responsibilities. Considering these aspects, there appears to be
no possibility of fleeing from justice. In absence of any criminal antecedent,
considering the socio-economic status of the applicant, there appears to be no
likelihood of tampering with 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.
8. 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.
9. Accordingly, it is directed that applicant- Ajay Singh Rathore shall be
released on bail in connection with 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 surety of the same amount to the satisfaction of the trial
Court, for compliance with the following conditions : (For convenience of
understanding by accused and surety, the conditions of bail are also reproduced in
Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
NEUTRAL CITATION NO. 2025:MPHC-IND:37017
4 MCRC-56385-2025
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence
or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
10. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment of this order.
11. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
