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2019 Supreme(Raj) 1246
IN THE HIGH COURT OF RAJASTHAN
Sanjeev Prakash Sharma, J.
Nand Kishore @ Chempu - Appellant
Versus
State Of Rajasthan, Through Pp - Respondent
Criminal Appeal No. 1059 of 2019
Decided On : 03-06-2019
Mr. Ankit Bishnoi, Advocate, for the Appellant; Mr. Deshraj Gosingha, PP, Mr. Himmat Singh, for Complainant, for the Respondent
Prima facie consideration of cross-allegations and nature of offenses as grounds for granting bail.
Headnote:
SC/ST (Prevention of Atrocities) Act - Criminal Appeal - Cross Allegations - Bail Granted
Fact of the Case:
The appellant filed a criminal appeal against the order passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bharatpur. The appellant was in jail since 21/04/2019, and the appeal was filed against the FIR registered against the appellant for various offenses.
Finding of the Court:
The court allowed the criminal appeal, set aside the impugned order, and directed the release of the accused-appellant on bail. The court noted the cross-allegations and the nature of the offenses under Section 323, 341, and 325 IPC.
Issues: Nature of the offenses, cross-allegations, and the appeal against the order of the Special Judge.
Ratio Decidendi: The court considered the cross-allegations and the nature of the offenses as prima facie grounds for allowing the criminal appeal and granting bail to the accused-appellant.
Final Decision: The accused-appellant was directed to be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial court.
JUDGMENT
1. Instant criminal appeal has been filed by the appellant under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 23/05/2019 passed by the Court of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bharatpur.
2. FIR No. 213/2019 was registered against the appellant at Police Station Nadbai for offences under Sections 323, 341, 325 IPC & Section 3(1)(R)(S) of SC/ST (Prevention of Atrocities) Act.
3. Heard learned counsel for the appellant, learned PP and learned counsel for the complainant.
4. Learned counsel for the appellant submits that the present FIR lodged is to counter the earlier FIR. Injuries have been accused on the accused-appellant also. The appellant is in jail since 21/04/2019.
5. Learned counsel appearing for the complainant submits that the accused-appellant has caused injuries to the complainant and his family members.
6. Learned PP has opposed the appeal.
7. Looking to the nature of offence under Section 323, 341 and 325 IPC and there being earlier and FIR No. 209/2019 lodged by the accused-appellant against the complainant on 12/04/2019 but without commending on merits of the case, prima-facie, it is a case where there are cross allegations, the present criminal appeal is allowed. The order impugned dated 23/05/2019 passed by the learned Special Judge, SC/ST (Preventino of Atrocities) Cases, Bharatpur Jaipur is set aside. It is directed that the accused-appellant Nand Kishore alias Chempu son of Balram shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
