The High Court of Madhya Pradesh at Gwalior recently granted bail to Pradeep Rathore in a case registered under the Arms Act. The order was passed by Hon’ble Shri Justice Milind Ramesh Phadke on August 8, 2025, in Misc. Criminal Case No. 25851 of 2025.
Background of the Case
Pradeep Rathore was arrested on May 25, 2025, in connection with Crime No. 201/2025 registered at Hazira Police Station, Gwalior. The case was filed under Sections 25/27 of the Arms Act, alleging illegal possession of a pistol and two live rounds. Rathore filed his first bail application under Section 439 of the Criminal Procedure Code (CrPC), now referenced as Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023.
Arguments Presented
The applicant’s counsel argued that Rathore was falsely implicated in the case. They claimed that the pistol and live rounds were not recovered from his possession and emphasized that the offense is triable by the Judicial Magistrate First Class (JMFC). The counsel also highlighted that the trial would take considerable time, justifying the need for bail.
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On the other hand, the Public Prosecutor opposed the bail, stating that Rathore is a habitual offender with 47 criminal cases registered against him. However, they conceded that he had not committed any similar offenses recently.
After hearing both sides and reviewing the case diary, the court decided to grant bail. Justice Phadke noted the nature of the allegations and the circumstances of the case while exercising judicial discretion. The court clarified that the order does not reflect any opinion on the case's merits.
Bail Conditions
The court imposed the following conditions for Rathore’s release:
- Furnish a personal bond of Rs. 50,000 along with one solvent surety of the same amount.
- Comply with the conditions listed under Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
- Mark weekly appearances at the concerned police station until the trial concludes.
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The court directed a copy of the order to be sent to the trial court for compliance.
Key Takeaways
This case highlights the judiciary’s balanced approach in bail matters, considering factors like the nature of the offense, the accused’s criminal history, and the likelihood of trial delays. The court’s decision underscores the principle of "bail, not jail," especially when the accused is not a recent repeat offender.
"The applicant shall abide by the conditions enumerated in Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023." - Court Order
The ruling serves as a reminder of the legal safeguards available to accused persons while ensuring accountability through stringent bail conditions.
Case Title: Pradeep Rathore vs. The State of Madhya Pradesh
Case No.: Misc. Criminal Case No. 25851 of 2025
