IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 25 OF NOVEMBER, 2025 MISC. CRIMINAL CASE No. 49167 of 2025 SALEEM @RAHEEM KHAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Anoop Nair Senior Advocate (through VC) with Shri Gaurav Singh Chouhan - Advocate for the applicant.(present in person).

Shri Apoorv Joshi - Govt. Advocate for the respondent/State.

Shri Rishi Shrivastava - Advocate for the respondent [OBJ].

ORDER This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 135/2025, registered at Police Station - Kharakuan, District-Ujjain(M.P.) for offence punishable under Sections 318, 338, 336(3), 308(7) and 3(5) of BNS, 2023.

Applicant is in judicial custody since 14.09.2025.

Heard the arguments. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned Senior Advocate for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence merely for the reason that he had made complaint regarding misdeed of Management Committee. There were complaints with regard to functioning of the Waqf Committee on change over of the management. The offence of extortion is not made out against the applicant as he has not induced anyone to deliver any valuable security. Further, there is no allegation that applicant is maker of any false document. No offence, as alleged, is committed by the applicant. No incriminating material is seized at the instance of applicant.The investigation is almost complete. Further custodial interrogation of the applicant is not required in the matter. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the family members. Co-accused Riyaz Mohammad has been extended benefit of anticipatory bail vide order dated 17.11.2025 passed in M.Cr.C. No. 50369/2025. Applicant is ready to cooperate in the further investigation.

Per contra, learned counsel for the State ably assisted by learned counsel for the objector opposes the application on the ground of gravity of alleged offence. Learned counsel further refers to 04 criminal antecedents against the applicant , as mentioned in the case diary.

In reply, learned counsel for the applicant submits that the applicant stand acquitted in Crime No. 238/2005 and Crime No. 736/2014. The matter at Crime No. 668/2011 has been disposed off on the basis of compromise. Status of the matter at Crime No. 737/2014 is not available. The applicant has never been convicted for any major offence.

According to the material available on case diary, Harun Nagori, Vice President of Waqf Management Committee of Waqf Masjid and Mazaar Madaar Gate, Ujjain submitted a written complaint dated 11.09.2025 at P.S.

Kharakuwan,Ujjain(M.P.) inter alia alleging the Ayyub Ahmad Khan, Saleem Khan(applicant), Amjad Hussain are constantly harassing him. Ayyub Ahmad Khan and his associates have applied for the post of President of the Waqf Management Committee of Waqf Masjid and Mazaar Madaar Gate, Ujjain. The Waqf Board rejected their applications and constituted a management committee. Faizan Khan was appointed as President and he is working as Vice President in the Committee. Thereafter, Ayyub Ahmad Khan and Amjad Hussain were pressurizing them for allotment of the shops. They are harassing the members of the Committee by making false complaint. Salim filed a false complaint to M.P. Waqf Board which was enquired and filed. Ayyub Ahmad Khan has also lodged false complaint at P.S. Kharakuwan, Ujjain(M.P.) on 20.05.2025. The complaint was found baseless. Thereafter, Amjad Hussain filed a writ petition before the High Court of Madhya Pradesh concealing the inquiry report and filed a false affidavit that Ujjain Police has not inquired into his complaint. Amjad Hussain had