ANKIT MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant/de facto complainant has challenged the impugned judgment and final order dtd. 10/4/2024 passed by the High Court of Madhya Pradesh in MCRC No. 11000 of 2024 wherein the High Court has allowed anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973('Cr.P.C.') to respondent no. 2 (Abdul Razzak) in connection with FIR No. 176 of 2023 registered at P.S. Omti, Distt. Jabalpur under Ss. 195A, 294 and 506 of the Indian Penal Code, 1860('IPC').

(3.) Briefly stated, the factual matrix of the case is that at around 1.00 P.M on 30/3/2023, the appellant went to Victoria Hospital along with his friend (Sandeep Dubey) for a checkup. Respondent No. 2 happened to be in the hospital premises at the same time for his MLC in connection with some other criminal case. On seeing the appellant, respondent no. 2 became agitated and started hurling obscene abuses, using derogatory language and extended death threats to the appellant telling him to withdraw the complaint lodged by him against respondent no. 2 and to change his testimony failing which the appellant and his family members would not be spared. On appellant's complaint, the subject FIR was registered on the same day i.e. 30/3/2023. His statement under Sec. 164 Cr.P.C was also recorded wherein the appellant reiterated the allegations against respondent no. 2.