Salma Bee vs The State Of Madhya Pradesh on 10 March, 2026

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    Madhya Pradesh High Court

    Salma Bee vs The State Of Madhya Pradesh on 10 March, 2026

    Author: Subodh Abhyankar

    Bench: Subodh Abhyankar

             NEUTRAL CITATION NO. 2026:MPHC-IND:8374
    
    
    
    
                                                                  1                              MCRC-7754-2026
                                  IN     THE      HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                            BEFORE
                                           HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                      ON THE 10 th OF MARCH, 2026
                                                MISC. CRIMINAL CASE No. 7754 of 2026
                                                           SALMA BEE
                                                              Versus
                                                  THE STATE OF MADHYA PRADESH
                             Appearance:
                                   Shri Abhay Saraswat - Advocate for the applicant.
                                   Shri Viraj Godha -Govt. Adv. appearing on behalf of Advocate General.
    
                                   Shri Paresh Joshi-Adv. for the respondent [OBJ].
    
                                                                   ORDER
    

    This is the applicant’s first bail application filed under Section 482 of
    Bharatiya Nagrik Suraksha Sanhita, 2023/438 of Criminal Procedure Code, 1973
    for grant of anticipatory bail, as he/she is apprehending his/her arrest in connection
    with Crime No.529/2025 registered at Police Station Lasudiya, District Indore
    (MP) for offence punishable under Sections 120-B, 409, 419, 420, 467, 468 and
    471 of the IPC.

    2. The allegation against the applicant is of her involvement in the aforesaid

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    case of fraud along with the other co-accused persons.

    3. Counsel for the applicant has submitted that the applicant happens to be a
    woman and has no role to play in commission of the aforesaid offence as it was
    her husband only who was looking after the business affairs and her husband
    Shaikh Raees had transferred 1000 sq.ft land in the name of his wife, the present
    applicant Salma Bi, but the applicant had no role to play in the aforesaid transfer
    of the land also. It is also submitted that if the applicant is arrested her life and

    Signature Not Verified
    Signed by: MONI RAJU
    Signing time: 31-03-
    2026 18:25:20
    NEUTRAL CITATION NO. 2026:MPHC-IND:8374

    2 MCRC-7754-2026
    future prospects would be seriously prejudiced. It is also submitted that a civil suit
    has already been filed by the applicant against the seller Rajarani Khare, however,
    the FIR has been lodged against her husband and also her son. It is further
    submitted that the applicant and her husband are innocent and have been defrauded
    by some other persons who sold the property in question to them. Copy of the sale
    deed executed by Rajarani Khare in favour of co-accused Shaikh Raees is also
    filed on record, wherein various amounts have also been given to the owner
    Rajarani Khare through electronic mode also.

    4. Counsel for the State as also the objector have opposed the prayer and it
    is submitted that the applicant and the other accused persons have tried to defraud
    the financier as also the original owner of the plot seller. Hence, it is submitted
    that the custodial interrogation of the applicant would be necessary. It is also

    submitted that a separate FIR at Crime no.131/2026 has also been lodged against
    the accused persons viz., Shaikh Raees, Salma Bi and Juned at police station
    Lasudiya, Indore through the authorized officer of the Finance Company. It was
    the applicant’s husband Shaikh Raees only who had opened the account in the
    name of Rajarani Khare in which the amount of sale transaction was credited.

    5. Heard. Having considered rival submissions, perusal of the case-diary, as
    also the objection raised by the objector, this Court is inclined to allow the
    application of the applicant, who happens to be the wife of the co-accused Shaikh
    Raees @ Mohammad Raees and the mother of co-accused Mohd. Juned, who filed
    a bail application in M.Cr.C.No.7704/2026, considering the fact that she is a
    woman and there appears to be no document available to suggest that she was
    actively involved in the case or in the business. In view of the same, applicant has
    made out a case for grant of anticipatory bail.

    6. Accordingly, this application is allowed. It is directed that in the event of

    Signature Not Verified
    Signed by: MONI RAJU
    Signing time: 31-03-
    2026 18:25:20
    NEUTRAL CITATION NO. 2026:MPHC-IND:8374

    3 MCRC-7754-2026

    arrest, applicant-Salma Bi shall be released on bail, upon his/her executing a
    personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and
    furnishing one solvent surety in the like amount to the satisfaction of the Arresting
    Officer (Investigating Officer). The applicant shall make himself/herself available
    for interrogation by a Police Officer, as and when required. He/she shall further
    abide by the other conditions enumerated in Sub Section (2) of Section 438 of the
    Code of Criminal Procedure, 1973.

    7. It is also directed that if the applicant is found to be involved in violation
    of any of the terms of this order, an application for cancellation of his/her bail may
    be filed before the trial Court itself, who shall decide the same in accordance with
    law.

    8. M.Cr.C.stands allowed and disposed of.

    Certified copy as per rules.

    (SUBODH ABHYANKAR)
    JUDGE

    moni

    Signature Not Verified
    Signed by: MONI RAJU
    Signing time: 31-03-
    2026 18:25:20



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