Nand Kishore @ Chempu v. State of Rajasthan, Through PP
2019-06-03
SANJEEV PRAKASH SHARMA
body2019
DigiLaw.ai
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.