[Cites 3, Cited by 0]
Madhya Pradesh High Court
Nikesh Cole (Gotiya) @ Nikku vs The State Of Madhya Pradesh on 15 January, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-2092-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2092 of 2024
(NIKESH COLE (GOTIYA) @ NIKKU Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 15-01-2026
Shri Surendra Rajak, learned counsel for the appellant.
Shri Ajay Tamrakar, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.3730/2024, which is first application under Section
430(1) of the BNSS/389(1) of Cr.P.C. for suspension of sentence and grant
of bail to appellant-Nikesh Cole (Gotiya) alias Nikku, S/o Rajkumar Cole.
The appellant is aggrieved of the judgment dated 01/04/2023 passed
by the learned Special Judge, POCSO Act & 18th Additional Sessions
Judge, Jabalpur (MP) in S.C. No.148/2021 whereby the appellant stands
convicted and sentenced as under :-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
3/4(2) R.I. for
POCSO Rs.2,000/- R.I. for 01 year
20 years
376(3) I.P.C. convicted NA NA
366 R.I. for
IPC Rs.1,000/- R.I. for 06 months
05 years
363 IPC Convicted NA NA
It is submitted that appellant is innocent and has been falsely
2 CRA-2092-2024
implicated in the matter. Victim is a consenting party. In her statement
recorded under Section 164 of IPC, victim stated that when she had gone
with appellant on 18/09/2021, they travelled to Sehora by bus. She stayed in
the house of appellant and on the next day, they went to Gwarighat where
they had performed marriage, thereafter they went to Dumna where they had
stayed for two days, then Police personnel intercepted her and thereafter she
has come to Court. She categorically stated that she had gone with Nikesh
Cole on her own volition. Thus, it is submitted that evidence of the
prosecutrix is in favour of the appellant.
It is also pointed out that Dr.Shikha Bhatnagar (PW-3) had opined x-
ray for age determination, but, prosecution failed to make compliance of the
said directives or had deliberately not brought that x-ray report and its
findings on record. It is further pointed out that Sandhya Sonkar (PW-4),
school teacher, deposed that victim's Naani got admitted her in the school
and it is an admitted fact that Naani was not examined before the Court.
Sandhya Sonkar (PW-4), school teacher, also admitted that no documentary
evidence was produced in regard to date of birth of the victim. There are
good chances of success in the appeal. Hence, prayer is made to suspend the
remaining jail sentence of appellant and to release him on bail.
Shri Ajay Tamrakar, learned Public Prosecutor, for the State, in his
turn, opposes the prayer for suspension of sentence and grant of bail.
Taking all these facts into consideration and without commenting on
the merits of the case, we are of the considered opinion that this is a fit case
3 CRA-2092-2024
to suspend the remaining jail sentence of the appellant and to release him on
bail.
Accordingly, I.A. No.3730/2024, is allowed and disposed of.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties in the like amount
to the satisfaction of the trial court for her appearance before the trial court
on 23.04.2026 and on such other dates as may be fixed by the trial court, the
execution of remaining part of the jail sentence imposed upon appellant shall
remain suspended and he shall be released on bail till final disposal of this
appeal.
List the case for final hearing in Part-B of the cause list as per its turn
and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
ts
