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CDJ 2026 SC 127
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| Court : Supreme Court of India |
| Case No : Criminal Appeal No. of 2026 (arising out of SLP(Crl.) No. 11944 of 2025) |
| Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR & THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN |
| Parties : Nadeem Khan Versus State of Madhya Pradesh
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| Appearing Advocates : For the Petitioner: ------ For the Respondent: ----- |
| Date of Judgment : 12-01-2026 |
| Head Note :- |
Bharatiya Nyaya Sanhita, 2023 - Sections 69 and 351(2) -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Bharatiya Nyaya Sanhita, 2023
- Madhya Pradesh Dharmik Swatantrata Adhiniyam, 2021
- Bharatiya Nagarik Suraksha Sanhita, 2023
2. Catch Words:
- anticipatory bail
- bail
- custodial interrogation
- cooperation with investigation
3. Summary:
The appellant, Nadeem Khan, challenged the High Court’s denial of anticipatory bail for offences under Sections 69, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 5 of the Madhya Pradesh Dharmik Swatantrata Adhiniyam, 2021. The Supreme Court had earlier granted protection from arrest on the condition of cooperation, which the appellant complied with. The Court found no justification for custodial interrogation and set aside the High Court’s order. It directed that any future arrest should result in bail as per the trial court’s terms. The Court emphasized that its observations were limited to the anticipatory bail issue and did not address the merits. Pending applications, if any, were ordered disposed of.
4. Conclusion:
Appeal Allowed |
| Judgment :- |
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1. Leave granted.
2. The appellant, Nadeem Khan, is before this Court aggrieved by the judgment and final order dated 19.06.2025 passed by the High Court of Madhya Pradesh at Jabalpur, denying him anticipatory bail in connection with Crime/First Information Report (FIR) No. 240/2025 dated 26.05.2025 registered with Police Station - Kamla Nagar, Bhopal, Madhya Pradesh, for the offences punishable under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 5 of the Madhya Pradesh Dharmik Swatantrata Adhiniyam, 2021.
3. Protection from arrest was granted by this Court to the appellant, Nadeem Khan, on 25.08.2025 subject to the condition that he joins and cooperates with the investigation. We are informed by the learned counsel for the State of Madhya Pradesh that the appellant, Nadeem Khan, has done so and is now cooperating with the investigation.
4. In such circumstances, we see no grounds made out for the custodial interrogation of the appellant, Nadeem Khan.
5. Accordingly, the appeal is allowed, setting aside the impugned judgment/order. It is directed that in the event the appellant, Nadeem Khan, is arrested in relation to the Crime/FIR in question, he shall be released on bail on such terms and conditions as may be fixed by the trial Court.
6. The appellant, Nadeem Khan, shall continue to cooperate with the investigation and shall also abide by the conditions stipulated in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of anticipatory bail.
8. Pending application(s), if any, shall stand disposed of.
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