The High Court granted bail to the applicant, Jainuddin Nai, in a criminal case involving allegations of matrimonial dispute and assault. The court imposed standard bail conditions including appearance before the trial court.
Applicant released on personal bond and two sureties with conditions regarding evidence, witnesses, and court appearances.
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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, IPC 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:-
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
A.
2 issues framed by the court
Whether the applicant is entitled to bail in the pending criminal case.
Whether the applicant satisfies the conditions necessary for bail release.
Jainuddin Nai
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
