HAJEEM KHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this First bail application under Sec. 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

(2.) Applicant apprehends his arrest in connection with Crime No.96/2025 registered at Police Station Mihona District Bhind (M.P.) in relation to the offence punishable under Ss. 103, 137(2), 140(1), 238, 61(2), 3(5) of BNS.

(3.) The case of the prosecution is that an application in UNCR No. 101/25 of JMFC Lahar, District Bhind, was received from the Lahar Court. According to the said application, Shahida, wife of Afzal and granddaughter-in-law of the Babu Khan, died by hanging on 3/4/2025. Thereafter, the accused persons came to the Babu Khan's house in connection with the said incident and took Shahida's body for post-mortem to Raun Hospital. From there, they took the dead body to Tula Ka Pura village, where they assaulted Babu Khan and his wife and threatened them with dire consequences. It is further averred that on 3/4/2025, one of the co-accused, Isfakh, stayed at the Babu Khan's house. When Babu Khan returned home, neither Isfakh nor the deceased Afzal were present. On making inquiries, it was found that they had gone to village Jajepura, Jalaun District, Uttar Pradesh. Babu Khan went to Jajepura, where he met Isfakh, but Afzal was not found. It was informed that Afzal had gone to Umri. When Babu Khan asked Isfakh to accompany him to Umri, the accused persons assaulted the applicant and his wife and told him that Afzal would never be found. On 25/4/2025, Babu Khan received information that a dead body was lying in the Nadel ravines (beehad) and that Isfakh's Platina motorcycle was parked near the body. At that time, Babu Khan was at Aswar. Police Station Mihona took possession of Afzal's dead body and brought it to Raun Hospital. On the night of 02/3/5/2025, Jabbar, Ishtahar, Bablu, Isfakh, and Hussain came to Babu Khan and threatened him, stating that if any action was taken against them, the consequences would be serious. They further stated that they had killed Afzal and thrown his body. On the basis of the said application filed by complainant Babu Khan under Sec. 175(3) BNSS, the JMFC, Lahar, District Bhind, by order dtd. 29/8/2025, directed registration of an FIR against the accused persons Hazim Khan, Hamid Khan, Shamshad, Latib (present applicant), and Isfakh for offences under Ss. 103, 137(2), 140, 238, 61(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS). In compliance thereof, on 3/9/2025, an FIR was registered at Police Station Mihona against the said accused persons under the aforesaid Sec. .