Raesh Khan vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the first application under Section 482 of BNSS for grant of anticipatory bail to the applicant. Applicant apprehends his arrest in connection with Crime No.297/2024 registered at Police Station Lateri , District Vidisha Morena for the offence punishable under Sections 318(4), 316(5), 336(2), 338, 336(3), 340(2) of BNS.

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/- (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, the offence has been registered.

It is submitted by counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The alleged offence was allegedly committed between 11.04.2022 and 14.05.2025 and the FIR has been registered on 08.11.2025 after delay of six months and there is no plausible explanation in this regard. On the basis of the aforesaid allegations, the court of Chief Executive Officer, District Panchayat Vidisha passed an order against the present applicant vide order dated 10.09.2025. Against the said order, the present applicant approached this Court and this Court vide order dated 18.09.2025 passed in W.P. No.37271/.2025 passed an order thereby granting stay of the aforesaid order dated 10.09.2025. Thereafter, being envious to the order of stay granted by this Court, on 08.11.2025, the aforesaid FIR has been lodged against the applicant to falsely implicated him.

The applicant does not bear any criminal or tainted background. There only a political rivalry behind this case. The family of the present applicant is being elected post of Panchayat since 2010 till now. For the present tenure, the present applicant fought the election as an independent candidate, therefore, there is a political rivalry between the sitting MLA and the family of the applicant. All the facts and data have been manipulated just to falsely implicate the present applicant. 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.

The applicant is also ready to deposit the half of the alleged embezzled amount for the purpose of satisfaction of this Court as well as of the investigating officer. The applicant hold a dignified post. The applicant has no criminal or tainted background. In the present context, the custodial interrogation is not 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, he prays that applicant be enlarged on anticipatory bail.

On the other hand, learned State counsel, vehemently opposed the bail application and prayed for its rejection by submitting that investigation is pending that many truths are yet to come to fore.

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

From perusal of the order dated 18.09.2025 passed by Co-ordinate Bench of this Court in W.P. No.37271/2025, it appears that order dated 10.09.2025 was challenged in that petition and the co-ordinate bench granted stay only to the removal of the present applicant from his post. But, from that order the inference cannot be drawn that the Court commented anything on the merit of the allegations of embezzlement.

The counsel for applicant has also argued that the applicant is ready to pay the half of the amount that has been alleged to have been embezzled. But, just on depositing the embezzled amount, the offence does not loos its gravity.

Accordingly, on the basis of the aforesaid discussion, contents of case diary, nature and gravity of the offence, the requirement of custodial interrogation cannot be denied.

Hence, this bail application is dismissed.

Certified copy as per rules.