RAESH KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 482 of BNSS for grant of anticipatory bail to the applicant. Applicant apprehends his arrest in connection with Crime No.297/2024 registered at Police Station Lateri , District Vidisha Morena for the offence punishable under Ss. 318(4), 316(5), 336(2), 338, 336(3), 340(2) of BNS.

(2.) As per the story of prosecution, on 8/11/2025, a written application was submitted by the Chief Executive Officer of Janpad Panchayat Lateri, on perusal of which it was found that Sarpanch of Gram Panchayat Malaniya, Raeshs Khan and the then Secretary Brajesh Yadav, by uploading forged documents on MP Panchayat Darpan portal, fraudulently misused the government money and village tax amount, on which prima facie the offence under Sec. 318(4), 316(5),336(2), 338, 336(3), 340(2) BNS was found, hence after obtaining due permission from the senior officers, the offence was registered and taken into investigation. The letter of Janpad Panchayat Lateri office contained the request for registration of FIR against the Sarpanch of Gram Panchayat Malaniya, Raesh Khan/present applicant and the Secretary, Brajesh Yadav. In the sequence of the referenced letter, it is written that the news published in the daily newspaper Raj Express that the Sarpanch of Malaniya had embezzled lakhs of rupees by submitting black and white bills, an investigation was conducted taking cognizance of it. Based on the published news, according to the investigation report, our blank bills were uploaded on the Panchayat Darpan portal, whose total amount is Rs.4,28,000.00 (four lakh twenty eight thousand). And in the name of Raesh Khan, from April 2022 till the date of investigation, a sum of Rs.724325.00 was paid through 14 vouchers through the portal by the Sarpanch and the then Secretary with deliberately forged documents, thereby fraudulently obtaining government funds and misusing the amount, along with financial irregularities and against the government guidelines. Therefore, a letter has been sent to register an FIR against Sarpanch Raesh Khan/present applicant and the then Secretary Brajesh Yadav, Gram Panchayat Malaniya, in accordance with the instructions received from the District- Panchayat Vidisha. On the basis of the aforesaid, the offence has been registered.

(3.) It is submitted by counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The alleged offence was allegedly committed between 11/4/2022 and 14/5/2025 and the FIR has been registered on 8/11/2025 after delay of six months and there is no plausible explanation in this regard. On the basis of the aforesaid allegations, the court of Chief Executive Officer, District Panchayat Vidisha passed an order against the present applicant vide order dtd. 10/9/2025. Against the said order, the present applicant approached this Court and this Court vide order dtd. 18/9/2025 passed in W.P. No.37271/.2025 passed an order thereby granting stay of the aforesaid order dtd. 10/9/2025. Thereafter, being envious to the order of stay granted by this Court, on 8/11/2025, the aforesaid FIR has been lodged against the applicant to falsely implicated him.