IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 5 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 60474 of 2025

AMJAD HUSSAIN @ SAYYED AHMED HUSSAIN

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Yogesh Kumar Gupta - Advocate for the petitioner.

Shri Aditya Garg - Govt. Advocate for the respondent/State.

ORDER Committee, therefore, they made certain complaints to Madhya Pradesh Waqf Board and the Police Station - Kharakuan, Ujjain with regard to functioning of the new Waqf Committee. A writ petition was filed by the applicant Ahmad Hussain for fair investigation in the criminal complaint lodged with Police Station - Kharakuan, Ujjain. Learned counsel for the applicant further referring to a FIR at crime No.221/2021 registered at P.S. Narwar, District Ujjain submitted that one of the accused named Harun S/o. Noor Ahmed in that FIR was misunderstood by the applicant as member of new management committee, therefore, the same was referred to a criminal antecedents and there was no deliberate attempt to mislead the Court. Applicant is not a maker of false FIR. The offence of extortion is not made out against the applicant as he has not induced anyone to deliver any valuable security. The final report has been submitted on completion of investigation. The prosecution is based only on the documentary evidence. There is no likelihood of tampering of the evidence by the applicant. Jail incarceration is causing hardship to the applicant and family. He is ready to cooperate with the trial. The Co-accused Takmeel Nasir has already been extended the benefit of anticipatory bail by this Court vide order dated 12.12.2025 passed in M.Cr.C. No.56115/2025. Therefore, the applicant be extended the benefit of bail.

1. This first application has been filed by applicant under Section 483

of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of bail in connection with Crime No. 135 of 2025 registered at Police Station- Kharakuan, District- Ujjain (M.P.) for offence punishable under Sections 318(4), 338, 336(3), 308(7) and 3(5) of the BNS, 2023. Applicant is in judicial custody

since 14.09.2025.

2. Learned Counsel for the applicant in addition to the grounds

mentioned in the application, submits that applicant has been falsely implicated in this matter merely for assisting one of the rival parties in prosecuting their grievances before the Court of Law. Ayyub Ahmad Khan and Riyaz Mohd Khan were erstwhile office bearers of Waqf Management Committee. Later, a new Waqf Management Committee took over. The earlier Management Committee had grievances against the new Management

4 . Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. Learned counsel submits that the applicant has verified the contents of writ petition wherein the FIR at crime No.221/2021 was referred to as criminal antecedent of respondent Harun S/o. Noor Ahmed, whereas in the crime No.221/2021 does not relate to Harun S/o. Noor Ahmed, the member of new waqf management committee. Thus, the document was relied to mislead the Court for wrongful loss to Harun S/o. Noor Ahmed. Learned counsel after going through the case diary fairly submits that no criminal antecedents is reported against the applicant.

5. Heard both the parties and perused the record.

6. According to the material on the case diary, complainant Mohd Haroon Nagori, Vice President of the Waqf Management Committee of Waqf Masjid and Mazaar Madar Gate, Ujjain, submitted a written complaint dated 11/09/2025 at Police Station - Kharakuan, Ujjain (MP) inter-

alia alleging that Ayyub Ahmad Khan, Saleem Khan, Amjad (Ahmad) Hussain (applicant) are constantly harassing him. Ayyub Ahmad Khan and his associates had applied for the post of President of Waqf Management Committee. The M.P. Waqf Board rejected their application and constituted a new Management Committee. Faizan Khan was appointed as President and complainant is working as Vice Pres