Madhya Pradesh High Court
Riyaz Mohammad Khan vs The State Of Madhya Pradesh on 17 November, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:33259
1 MCRC-50369-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17th OF NOVEMBER, 2025
MISC. CRIMINAL CASE No. 50369 of 2025
RIYAZ MOHAMMAD KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Avinash Sirpurkar, Senior Advocate with Shri Bablu Patel,
Advocate for the applicant.
Shri Romil Verma, Govt. Advocate for the respondent/State.
Shri Rishi Shrivastava, Advocate for the objector/complainant.
ORDER
This first application has been filed by applicant under Section 482 of
Bharatiya Nagarik Suraksha Sanhita 2023/438 of Cr.P.C. for grant of
anticipatory bail in connection with Crime No.135 of 2025 registered at
Police Station-Kharakuwan, District - Ujjain(M.P.) for offence punishable
under Sections 318(4), 338, 336(3), 308(7) and 3(5) of BNS, 2023. The
applicant is apprehending his arrest in the matter.
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
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mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence merely on suspicion as he was Erstwhile President of
the Waqf Management Committee. Later, the New Waqf Management
Committee took over. There were complaints with regard to functioning of
the Waqf Committee on change over of the management. Applicant did not
make any complaint or prosecute any petition. The applicant is implicated
merely on the basis of information of co-accused in police custody that he
was also involved in making the complaint and filing of writ petition, but no
incriminating material regarding complicity applicant is available. 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. He is implicated to settle the score
over change in management of the waqf committee. The custodial
interrogation of the applicant is not needed in the matter. Applicant is aged
around 66 years. Applicant enjoy good character and reputation. Jail
incarceration on false accusation would cause hardship to the applicant and
his dependent family. He is ready to cooperate in the investigation.
Therefore, applicant be extended the benefit of anticipatory bail.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel further refers to one
criminal antecedent against applicant, as mentioned in the case diary. In
reply learned counsel for the applicant submits that the other matter is
pending for trial wherein applicant was extended benefit of anticipatory bail.
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Learned counsel appearing for the objector opposes the application
and contends that various false complaints were filed to harass the
complainant and the members of Waqf Management Committee at the behest
of Riyaz Mohammad Khan(applicant). Further, a writ petition was also filed
at the behest of applicant - Riyaz and false criminal antecedent of the
complainant was submitted. Applicant would be the beneficiary of all such
false allegations, therefore, complicity of applicant in the alleged offence is
prima facie made out. Learned counsel further submits that the applicant is
absconding since registration of FIR. The proceeding under Section 84 of the
BNSS, 2023 is initiated to secure presence of the applicant. He has not
cooperated in the investigation. Therefore, the applicant may not be extended
benefit of anticipatory bail. Learned counsel relied on the judgment of the
Supreme Court in the case of Srikant Upadhyay & Others Vs. State of Bihar
& Another reported in (2024) 12 SCC 382 to buttress his contention.
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, 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
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Amjad Hussain were pressurizing them for allotment of the shops. They are
harassing the members of the Committee by making false complaint. Ayyub
Ahmad Khan has 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 filed a false FIR
alongwith the writ petition which was verified by the Counsel Takmeel Nasir
whereas no such FIR was lodged at P.S. Narwar, Ujjain(M.P.). Ayyub
Ahmad Khan, Saleem Khan and Amjad Hussain have conspired and black-
mailing the Waqf Committee and extorting money by forging documents. On
such allegations, P.S. Kharakuwan, District Ujjain(M.P.) registered FIR for
offence punishable under Sections 318(4), 338, 336(3), 308(7) and 3(5) of
BNS, 2023 against Ayyub Ahmad Khan, Saleem Khan and Amjad Hussain.
Ayyub Ahmad Khan and Saleem Khan were arrested. Saleem Khan and
Ayyub Ahmad Khan in their statement recorded under Section 23(2) of the
Bhartiya Sakshya Adhiniyam informed that Riyaz Mohammad Khan
(applicant)was their associates. They have planned a conspiracy and filed the
writ petition on the basis of false allegations. Applicant - Riyaz Mohammad
Khan could not be arrested. The concerned Police Station proposed
proceeding for issuance of permanent warrant of arrest and absconsion of
Riyaz Mohammad Khan. Applicant - Riyaz Mohammad Khan is
apprehending arrest in the matter. The applicant was not named in complaint
or the FIR. He is implicated on information of other accused in police
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custody. The relevant seizures have already been made. No proclamation is
issued under Section 84 of BNSS, 2023. Prima facie, the material on case
diary does not substantiate wilful absconsion. Hence, the law laid down in
matter of Srikant Upadhyay(Supra) is not applicable. The veracity of
prosecution and complicity of applicant will be determined after evidence in
the trial.
As informed, the applicant Riyaz Mohammad Khan is aged around 66
years. His is a businessman by profession and has responsibility of
dependent family. Considering the age, profession and status of the
applicant, there appears to be no likelihood of fleeing from justice or
involving in any criminal activity. In absence of any substantial criminal past
and previous conviction for any offence, there appears to be no likelihood of
tampering with the evidence, influencing the witness or interfering in the
investigation by the applicant. The incarceration of applicant does not appear
to be necessary for the purpose of investigation. The grant of anticipatory
bail to the applicant will not cause prejudice to free, fair and full
investigation. Considering his clean past, age, status and profession, the
applicant may suffer hardship and prejudice due to incarceration entailing
social disrepute and humiliation.
Considering the overall circumstances of the case, but without
commenting on merits of the accusation, this Court is inclined to grant
anticipatory bail to the applicant. Thus, the application is allowed.
Accordingly, it is directed that in the event of arrest, applicant -
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Riyaz @ Riyaj Mohammad Khan shall be released on bail in connection
with Crime as mentioned in first paragraph of this order, upon furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
separate solvent surety of the like amount to the satisfaction of the officer
making arrest/the Competent Court for compliance with the following
conditions: (For the convenience of understanding by accused and surety, the
conditions of bail are reproduced in Hindi as under):-
1) Applicant shall be available for investigation on direction of the Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djs sxk ;k mlesa lfEefyr ugha gksxkA
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the
Court or to the police officer;
(3) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk
O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gkssA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k
/kedkus dk iz;kl ugha djsxkA
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C/346 of
the BNSS. regarding examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-@346 Hkkjrh; ukxfjd lqj{kk lafgrk ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsaxsA
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider on
merit cancellation of bail without any impediment from this order.
The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the
surety concerned. If any of them is unable to write, the scribe shall certify
that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
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(SANJEEV S KALGAONKAR)
JUDGE
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