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Madhya Pradesh High Court
Nikhil Alias Nikki Kamariya vs The State Of Madhya Pradesh on 8 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:11598
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 8 th OF APRIL, 2026
CRIMINAL APPEAL No. 3174 of 2026
NIKHIL ALIAS NIKKI KAMARIYA AND ANOTHER
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Harshvardhan Sharma - Advocate for appellants.
Shri Mohit Shivhare - Public Prosecutor for respondent No.1/State.
Ms. Shalini Raipuria - Advocate for respondent No.2/complainant.
ORDER
1. This first criminal appeal has been filed under Section 14 A (2) of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 against the order dated 28.03.2026 passed by the Special Judge, SC/ST
(Atrocities), Datia (M.P.), rejecting the regular bail application of the
appellants filed under Section 483 of BNSS, 2023.
2. The appellants have been arrested on 26.03.2026 in connection with
Crime No.10/2026 registered at Police Station Gauraghat, District Datia
(M.P.) for commission of offence punishable under Sections 115 (2), 296
(b), 351 (2), 118 (2), 3 (5) BNS and Section 3 (1) (r) & (s), 3 (2) (v) (a) of
SC/ST Act.
3 . According to the prosecution case, on 10.02.2026 at around 04:00
PM, complainant, Akash Jatav, along with his uncle's son Sumit, was
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returning from Goraghat market on a motorcycle. When he reached the
house of Sandeep Rawat in Village Pachokhara on the way, he encountered
the accused persons there, who abused him using filthy language and caste-
related slurs over an old dispute regarding the filling of petrol. Accused
Deepak assaulted him with a wooden stick, Chichi alias Sagar with a rod,
and the present appellant and Manav Kamariya assaulted him with kicks and
punches, causing injuries all over his body. All four accused also threatened
to kill him if he reported the matter to the police station. On the basis of the
complaint filed by the complainant, an offence has been registered against
the appellants in question.
4. Learned counsel appearing for the appellants submits that the
allegation levelled against the present appellants namely Nikhil alias Nikki
Kamariya and Manav are of assaulting injured complainant, Sumit, with fists
and kicks. He submits that the investigation in the matter is already complete
and the charge sheet has been filed on 06.04.2026. Insofar as the antecedents
are concerned, he submits that both the appellants stand acquitted in the
offences of similar nature, whereas in one offence under the Gambling Act, a
fine was imposed on appellant No.1. Since the appellants are of young age,
prolonged custody may not be in their future interest. Hence, he prays for
grant of regular bail to the appellants.
5. On the other hand, learned counsel appearing for the respondent
No.1/State, as well as the counsel appearing for the respondent
No.2/complainant, opposes the criminal appeal and prays for its rejection.
6. Heard learned counsel for the parties and perused the case diary.
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7. Considering all the facts and circumstances of the case , this Court
deems it proper to allow the prayer for grant of bail to the appellants.
Accordingly, without commenting anything on the merits of the case, the
criminal appeal is allowed and impugned order dated 28.03.2026 is hereby
set aside.
8. It is directed that the appellants namely Nikhil alias Nikki Kamariya
and Manav be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in
the like amount to the satisfaction of the Trial Court concerned.
9. This order will remain operative subject to compliance of the
following conditions by the appellants :-
i) The appellants will comply with all the terms and conditions of the
bond executed by him;
ii) The appellants will cooperate in the investigation/trial, as the case
may be;
iii) The appellants will not indulge themselves in extending
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the Court or to the
Police Officer, as the case may be;
iv) The appellants will not seek unnecessary adjournments during the
trial;
v) The appellants will not commit any other offence or will not repeat
the offence in future. In case offence of same nature is repeated, this bail
order shall automatically stand cancelled;
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vi) The appellants will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
10. Copy of this order be sent to the trial Court concerned.
11. With the aforesaid, present criminal appeal stands allowed and
disposed of.
Certified Copy as per rules.
(AMIT SETH)
JUDGE
AK/-
