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Madhya Pradesh High Court
Chichi Alias Sagar Pandey vs The State Of Madhya Pradesh on 16 April, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 16th OF APRIL, 2026
CRIMINAL APPEAL No. 3372 of 2026
CHICHI ALIAS SAGAR PANDEY
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
Appearance:
Shri Harshvardhan Sharma - Advocate for appellant.
Shri Mohit Shivhare - Public Prosecutor for respondent No.1/State.
ORDER
1 . Learned counsel for respondent No.1/State informs that in
compliance of mandatory provisions of Section 15-A of Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, notice has been duly
served on the respondent No.2/complainant.
2. 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
appellant filed under Section 483 of BNSS, 2023.
3. The appellant has 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
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SC/ST Act.
4 . 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
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, the present appellant Chichi alias
Sagar with a rod, and accused Nikki Kamariya 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 appellant in question.
5. Learned counsel appearing for the appellant submits that the
appellant is aged about 18 years. The allegation against the co-accused
Deepak is of causing multiple assaults, whereas the present appellant is
alleged to have caused assault by Saria. The injuries may be attributable to
the assault made by co-accused Deepak. He further submits that the appellant
is having criminal history of a minor offence under Section 296 BNS, in
which he has been acquitted. Looking to the age of the appellant and the fact
that the charge sheet has been filed, he prays for grant of regular bail to the
appellant.
6. On the other hand, learned counsel appearing for the respondent
No.1/State opposes the bail application and submits that the injured has
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suffered fracture in his leg. Hence, he prays for rejection of the bail
application.
7. Heard learned counsel for the parties and perused the case diary.
8. Considering all the facts and circumstances of the case, this Court
deems it proper to allow the prayer for grant of bail to the appellant.
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.
9. It is directed that the appellant, Chichi alias Sagar Pandey, be
released on bail on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of the Trial Court concerned.
10. This order will remain operative subject to compliance of the
following conditions by the appellant :-
i) The appellant will comply with all the terms and conditions of the
bond executed by him;
ii) The appellant will cooperate in the investigation/trial, as the case
may be;
iii) The appellant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the Police Officer,
as the case may be;
iv) The appellant will not seek unnecessary adjournments during the
trial;
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v) The appellant 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;
vi) The appellant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
11. Copy of this order be sent to the trial Court concerned.
12. With the aforesaid, present criminal appeal stands allowed and
disposed of.
Certified Copy as per rules.
(AMIT SETH)
JUDGE
AK/-
