Ankit Mishra vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 647

SANJAY KAROL, PRASHANT KUMAR MISHRA
Ankit Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
For the Petitioner(s): Mr. Abhinav Shrivastava, AOR Mr. Shivang Rawat, Adv. Mr. Abhinav Chaturvedi, Adv. Mr. Muskaan, Adv.
For the Respondent(s): Mr. Pawan Reley, AOR Mr. Akshay Lodhi, Adv. Mr. Utkarsh Agarwal, Adv. Mr. Shariq Ahmed, Adv. Ms. Simran Singh, Adv. Mr. Gaurav Kumar, Adv.

JUDGMENT :

PRASHANT KUMAR MISHRA, J.

Leave granted.

2. The appellant/de facto complainant has challenged the impugned judgment and final order dated 10.04.2024 passed by the High Court of Madhya Pradesh in MCRC No. 11000 of 2024 wherein the High Court has allowed anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973,¹[‘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 Sections 195A, 294 and 506 of the Indian Penal Code, 1860.,²[‘IPC’]

3. Briefly stated, the factual matrix of the case is that at around 1.00 P.M on 30.03.2023, 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 ap