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Jainuddin Nai vs State Of U.P. on 28 November, 2019


?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48182 of 2019

Applicant :- Jainuddin Nai

Opposite Party :- State of U.P.

Counsel for Applicant :- Shailendra Kumar Rai

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is husband of the injured Rukshana. The marriage of the applicant was solemnized with Rukshana on 28.9.2016. There was matrimonial dispute in between the applicant and injured Rukshana due to which the parents of injured Rukshana took her at their house on 8.8.2017 and thereafter the injured Rukshana was residing at her parental house. The incident is said to be taken place on 12.11.2017. In the statement of injured Rukshana it has come that the applicant has caused burn injury after pouring kerosene oil. Rukshana was medically examined on 17.11.2017. The injury no. 1 is multiple old burn scraps on left arm and except this there is no any external injury has been found to the injured Rukshana. It has further been submitted that the applicant has not caused any injury to the injured Rukshana. The injuries of the injured is not on vital part and are simple in nature. In fact, the applicant has falsely been implicated in the present case due to matrimonial dispute. The applicant has not committed the alleged offence. In first information report the date of the alleged occurrence has not been disclosed and the FIR has been lodged after four days of the alleged incident. There is no criminal history of the applicant and is in jail since 13.9.2019.

Per contra, learned A.G.A opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Jainuddin Nai involved in Case Crime No. 1436 of 2017, under Sections 498A, 323, 504, 506, 326-B, SectionIPC and 3/4 D.P. Act, P.S. Jamania, District Ghazipur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 28.11.2019




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