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Madhya Pradesh High Court
Nikesh Kushwaha vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:26125
1 MCRC-12878-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 2 nd OF APRIL, 2026
MISC. CRIMINAL CASE No. 12878 of 2026
NIKESH KUSHWAHA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sankalp Kochar, Advocate for the applicants.
Shri K.S. Patel, Panel Lawyer for the respondent/State.
ORDER
This is second bail application filed on behalf of the applicants
under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail relating to FIR/Crime No.434/2025 registered at Police Station
Begamganj, District Raisen, for the offence punishable under Sections
103(1), 109(1), 190, 191(2), 191(3), 296(b), 351(3), 118(2), 115(2), 117(2) of
B.N.S. 2023. Applicants are in custody since 08.12.2025.
2. Applicants' first bail application (M.Cr.C. No.5853/2026) faced
dismissal as got withdrawn vide order dated 09.02.2026 by this Court.
3. As per the prosecution story, it has been alleged that on 07.12.2025
between 12.00 and 1.00 pm, the complainant party and the applicants along
with other co-accused persons, who were carrying a long standing land
dispute, assaulted each other causing various injuries, which resulted into the
death of one Thansingh. The allegation against the applicants is that they
participated in the fight and caused injuries by means of stick to injured
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Narendra and Shivraj.
4. Learned counsel for the applicant sanguinely submits that the
applicants are innocent and have been fallaciously roped in the alleged
crime. Pinpointing the role ascribed to the applicants by the prosecution's
own case, he submits that they did not cause any injury to the deceased
Thansingh. He further submits that it was a case of free-fight between the
parties and each individual is liable for his own independent act. He also
submits that it is crystalized from the prosecution story itself that the
applicants had caused injury to Narendra and Shivraj, who as per their MLC,
received simple injuries. The main thrust of claiming bail to the applicants is
that their names do not reflect in the counter-FIR, which was registered by
father of applicant No.1, whose another son Rohit is one of the injured in the
incident and this fact itself suggests that the applicants were not present on
spot at the time of incident. He further submits that from the applicants' side,
there are three injured namely Brindavan, Rohit and Anjali who sustained
head injury attributable to the complainant party. He further submits that the
applicants are young boy of 21-year of age and they are in jail since
08.12.2025. To reinforce his contentions, learned counsel places reliance on
a judgment of the Division Bench of this Court in the case of Madhav Paw
and others v. The State of Madhya Pradesh (rendered in Criminal Appeal
No.1854/2012 on 13.03.2023). On these premise, learned counsel prays that
the applicants may be granted bail.
5. Conversely, learned counsel for the respondent/State submits that the
applicants are specifically named in the FIR and during the course of
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investigation, blood-stained sticks were recovered from their possession,
which itself is self-explanatory of their presence and active participation in
the crime. Ergo, he prays that the application deserves outright dismissal.
6. Considering the overall facts and circumstances of the case,
particularly the fact that it appears to be a free-fight between two familial
detractors and that role ascribed to the applicants is limited to causing
injuries to injured Shivraj and Narendra, who received simple injuries,
however, without commenting anything on the merits of the case, this Court
is inclined to grant bail to the applicants. Thus, this application is allowed.
7. It is directed that the present applicants namely Nikesh Kushwaha and
Abhinandan Kushwaha shall be enlarged on bail upon their a furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each
with separate surety in the like amount to the satisfaction of the trial court
concerned for their appearance before the said Court on all such dates as may
be fixed in this regard during pendency of the trial. It is further directed that
the applicants shall comply with the provisions of Section 480 (3) of BNSS.
8. Accordingly, this M.Cr.C. stands allowed and disposed of.
(RAMKUMAR CHOUBEY)
JUDGE
Sudesh
