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Madhya Pradesh High Court
Deepak Nishad vs The State Of Madhya Pradesh on 25 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:16264
1 CRA-1149-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 25th OF FEBRUARY, 2026
CRIMINAL APPEAL No. 1149 of 2026
DEEPAK NISHAD
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Ayushi Mishra - Advocate for appellant.
Mr. D.R. Vishwakarma - P.P. for State.
ORDER
The appellant has filed this first criminal appeal under Section 14-A of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 being aggrieved by order dated 06.01.2026 passed in Bail Application
No.40/2026 by the Special Judge, SC/ST (POA) Act, Katni (M.P.), whereby
his bail application filed under Section 483 of BNSS, 2023, has been
rejected.
2. The appellant has been arrested on 04.01.2026 relating to
FIR/Crime No.1050/2025 registered at Police Station Kotwali, District Katni
(M.P.) for offence punishable under Sections 296-B, 115(2), 119(1), 351(2),
3(5) of BNS and Sections 3(1)(da), 3(1)(dha) and 3(2)(v) of the SC/ST Act.
3. It is submitted by learned counsel appearing on behalf of present
appellant that the appellant is in custody since 04.01.2026. Though the
charge-sheet has not been filed but the investigation is almost over. It is also
submitted that except the offence under Section 119(1) of BNS, other
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2 CRA-1149-2026
offences are not punishable with more than seven years of imprisonment.
The present appellant has no criminal antecedents. He has been falsely
implicated in this case. He is ready to comply with the conditions as may be
imposed by this Court. The conclusion of trial will take considerable time. In
view of the aforesaid submissions, it is prayed that the appellant may be
released on bail.
4 . Per contra, learned counsel for the State has vehemently opposed
the prayer of bail and prayed for rejection of appeal.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the
parties and keeping in view the attending facts and circumstances of the case,
this Court is inclined to release the appellant on bail. Thus, without
commenting on the merits of the case, the appeal is allowed and it is directed
that the appellant be released on bail upon his furnishing a personal bond in
the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent
surety in the like amount to the satisfaction of the concerned trial
Court/Committal Court.
7. This order will remain operative subject to compliance of the
following conditions by the appellant:-
"i) The appellant shall comply with all the terms and conditions of the
bond executed by him;
ii) The appellant shall cooperate in the investigation/trial, as the case
may be;
iii) The appellant shall not indulge himself in extending inducement,
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3 CRA-1149-2026
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
iv) The appellant shall not commit an offence similar to the offence of
which he is accused;
v) The appellant shall not seek unnecessary adjournments during the
trial;
vi) The appellant shall not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be; and
vii) If any of the aforesaid conditions is violated, then this order shall
loose its effect automatically."
8. Copy of this order be sent to the trial Court concerned for
compliance by the office of this Court.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
ac/-
