Hajeem Kha vs The State Of Madhya Pradesh
2026 Latest Caselaw 1731 MP

Citation : 2026 Latest Caselaw 1731 MP
Judgement Date : 18 February, 2026

[Cites 9, Cited by 0]

Madhya Pradesh High Court

Hajeem Kha vs The State Of Madhya Pradesh on 18 February, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

          NEUTRAL CITATION NO. 2026:MPHC-GWL:6221




                                                             1                           MCRC-7421-2026
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 18th OF FEBRUARY, 2026
                                            MISC. CRIMINAL CASE No. 7421 of 2026
                                                       HAJEEM KHA
                                                          Versus
                                              THE STATE OF MADHYA PRADESH
                          Appearance:
                                  Shri Rajendra Singh Yadav - Advocate for applicant.

                                  Ms Kalpana Parmar - Public Prosecutor for respondent/State.

                                                                 ORDER

The applicant has filed this First bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.96/2025 registered at Police Station Mihona District Bhind (M.P.) in relation to the offence punishable under Sections 103, 137(2), 140(1), 238, 61(2), 3(5) of BNS.

The case of the prosecution is that an application in UNCR No. 101/25

of JMFC Lahar, District Bhind, was received from the Lahar Court. According to the said application, Shahida, wife of Afzal and granddaughter- in-law of the Babu Khan, died by hanging on 03.04.2025. Thereafter, the accused persons came to the Babu Khan's house in connection with the said incident and took Shahida's body for post-mortem to Raun Hospital. From there, they took the dead body to Tula Ka Pura village, where they assaulted

NEUTRAL CITATION NO. 2026:MPHC-GWL:6221

2 MCRC-7421-2026 Babu Khan and his wife and threatened them with dire consequences. It is further averred that on 03.04.2025, one of the co-accused, Isfakh, stayed at the Babu Khan's house. When Babu Khan returned home, neither Isfakh nor the deceased Afzal were present. On making inquiries, it was found that they had gone to village Jajepura, Jalaun District, Uttar Pradesh. Babu Khan went to Jajepura, where he met Isfakh, but Afzal was not found. It was informed that Afzal had gone to Umri. When Babu Khan asked Isfakh to accompany him to Umri, the accused persons assaulted the applicant and his wife and told him that Afzal would never be found. On 25.04.2025, Babu Khan received information that a dead body was lying in the Nadel ravines (beehad) and that Isfakh's Platina motorcycle was parked near the body. At that time, Babu Khan was at Aswar. Police Station Mihona took possession

of Afzal's dead body and brought it to Raun Hospital. On the night of 02/03- 05-2025, Jabbar, Ishtahar, Bablu, Isfakh, and Hussain came to Babu Khan and threatened him, stating that if any action was taken against them, the consequences would be serious. They further stated that they had killed Afzal and thrown his body. On the basis of the said application filed by complainant Babu Khan under Section 175(3) BNSS, the JMFC, Lahar, District Bhind, by order dated 29.08.2025, directed registration of an FIR against the accused persons Hazim Khan, Hamid Khan, Shamshad, Latib (present applicant), and Isfakh for offences under Sections 103, 137(2), 140, 238, 61(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS). In compliance thereof, on 03.09.2025, an FIR was registered at Police Station Mihona against the said accused persons under the aforesaid sections.

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3 MCRC-7421-2026 Learned counsel for the applicant submits that the present applicant is the father of the deceased, Shahida, aged about 65 years. It is further submitted that the elder brother of the present applicant, namely Lateeb alias Lateef Khaa, has already been granted bail by this Hon'ble Court vide order dated 22.01.2026 passed in M.Cr.C. No. 2181 of 2026. Counsel contends that the case of present applicant is identical and akin to that of the co- accused Lateeb alias Lateef Khaa. It is argued that there is no distinguishing feature between the case of the present applicant and that of the said co- accused who has been enlarged on bail. On the ground of parity, it is therefore submitted that the present applicant is also entitled to be granted anticipatory bail.

Learned counsel for the State opposes the prayer for bail; however, she fairly does not dispute the fact that the case of the present applicant stands on similar footing to that of co-accused Lateeb alias Lateef Khaa. who has already been granted bail by this Court.

Heard counsel for parties and perused the case diary. The case of the applicant appears to be similar to that of Lateeb alias Lateef Khaa has been granted bail by this Court vide order dated 22.01.2026 passed in M.Cr.C. No.2181 of 2026. In the absence of any distinguishing feature pointed out by the prosecution and in view of the principle of parity, this Court sees no reason to take a different view from that taken in the case of the aforesaid co-accused.

Considering the facts and circumstances brought on record and to

maintain parity, this Court is inclined to grant the benefit of anticipatory bail

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4 MCRC-7421-2026 to the present applicant. Thus, without commenting upon the merits of the case, this application is allowed.

It is hereby directed that in the event of arrest, the applicant shall be enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before it during the course of investigation or before the trial Court concerned during trial, as the case may be.

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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;