Brajesh Yadav vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the second application under Section 482 of BNSS for grant of anticipatory bail to the applicant. Applicant apprehends his arrest in connection with Crime No.297/2025 registered at Police Station Lateri, District Vidisha for the offence punishable under Sections 318(4), 316(5), 336(2), 338, 336(3), 340(2) of BNS. First application was dismissed on merits by this Court vide order dated 23rd March, 2026 passed in MCRC No.3260/2026.

As per the story of prosecution, on 08.11.2025, 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 sections 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/- (Rs.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/- 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, this case has been registered.

It is submitted by counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is stated that the alleged offence is said to have taken place between 11.04.2022 and 14.05.2025, but the FIR was registered only on 08.11.2025, after a delay of about six months, for which no proper explanation has been given. Co-accused Raesh Khan has been enlarged on bail vide order dated 21.04.2026 passed in M.Cr.C.No.9515/2026. Case of present applicant is similar to the case of aforesaid co-accused. There only a political rivalry behind this case. The applicant is ready to abide by all the terms and conditions as imposed by this court and he is also ready to make himself available for the purpose of investigation as and when required. Therefore, no custodial interrogation is required. Applicant is permanent resident of District Vidisha, therefore, there is no apprehension of his absconsion or tampering with prosecution evidence and final conclusion of trial will take long sufficient time. Hence, on these grounds, counsel for the applicant prayed for bail to the applicant.

On the other hand, learned State counsel, vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary.

Considering the facts and circumstances of the case and on the ground of parity but without commenting on the merits of the case, this anticipatory bail application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i. The applicant will comply with all the terms and conditions of the bond executed by him;

ii. The applicant will cooperate in the investigation/trial, as the case may be;

iii. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv. The applicant shall not involve in any criminal activities in future and shall not commit an offence similar to the offence of which he is accused;

v. The applicant will not seek unnecessary adjournments during the trial;

vi. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.