Anisha Bano vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
- Decided on
- 16-03-2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:9283
1 MCRC-11407-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 16 OF MARCH, 2026
MISC. CRIMINAL CASE No. 11407 of 2026
ANISHA BANO
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Gopal Prasad Chourasia - Advocate for the applicant.
Shri Brijesh Kumar Tyagi - GA for the respondent/State.
ORDER
This is first application filed by the applicant under Section 482 of
BNSS for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime
No.339/2019 registered at Police Station Raghogarh District Guna for
offence punishable under Sections 147, 148, 149, 323, 452, 506, 395, 427,
324 of IPC.
The prosecution case, in brief, is that on 08.09.2019 at about 03:45
PM, accused Shabbir Khan, along with his sons, wife, and about 40 persons
(15 men and 25 women) armed with weapons, sticks, and bricks, forcibly
entered the house of the complainant Rajeev and assaulted him and his
family members on different floors of the house, including his younger
brother Madhavsharan. During the incident, a mobile phone worth ₹ 20,000,
containing a balance of about ₹ 70,000– ₹ 80,000, went missing, and the
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:9283
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accused also issued threats to kill. Based on the complaint, a case was
registered at Radhogarh Police Station, and investigation was initiated. On
09.09.2019, accused Shabbir was arrested and, in his memorandum, named
several other persons involved in the incident. Subsequently, on 13.09.2019,
accused Adil alias Pappu was arrested. Thereafter, while keeping the
investigation pending under Section 173(8) CrPC, a charge sheet was filed
against accused Shabbir and Adil.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is submitted that on
08.09.2019, a communal riot took place regarding temple land at Raghogarh,
where the applicant was residing near the temple. Due to the violence and
threat to life, the applicant along with her family was compelled to leave
Raghogarh and take shelter at relatives’ houses in other cities. It is further
submitted that since then the applicant and her family have been living
outside Raghogarh in fear and insecurity. Recently, on 07.02.2026, when the
police went to arrest one Imran, an acquaintance of the applicant, in Bhopal,
the police informed that the applicant’s name had also been included in the
FIR related to the said communal riot. Counsel further submits that the
applicant is a veil-clad elderly woman, has no criminal antecedents, and has
no involvement in any criminal activity. She herself is a victim of the
communal riot and had earlier submitted an application to the police
regarding the loss and harassment suffered by her family, but no action has
been taken. It is also contended that the applicant’s name does not
specifically appear in the FIR and she has been implicated merely by
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:9283
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identifying her as the wife of her husband. It is submitted that the applicant is
ready to cooperate with the investigation, has permanent residence and
property in Bhopal and Raghogarh, and there is no likelihood of her
absconding or tampering with evidence. Therefore, the applicant prays that
she be granted anticipatory bail in the interest of justice.
On the other hand, learned counsel for the State vehemently opposed
the application for anticipatory bail and prayed for its rejection.
Heard the counsel for the parties and perused the case diary.
On due consideration of overall facts and circumstances of the case,
without commenting on the merits of the case, this Court deems it
appropriate to extend benefit of bail to the applicant.
Accordingly, it is 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 her;
ii) The applicant will cooperate in the investigation/trial, as the case
may be;
iii) The applicant will not indulge herself in extending inducement,
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Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM
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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;
iv) The applicant will not seek unnecessary adjournments during the
trial;
v) The applicant shall not commit any other offence during the period
of bail;
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/Police Station concerned
for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM