LAWS(J&K)-2012-10-45

ABDUL GAFFAR Vs. STATE

Decided On October 18, 2012
ABDUL GAFFAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Petitioner has laid this motion in terms of Section 498 of Code of Criminal Procedure (for short, Cr.P.C.) for grant of bail in FIR No.131/2009 registered at Police Station, Bari Brahmana, Jammu, under Sections 376, 306, 201 and 170 of Ranbir Penal Code (for short, RPC) on the grounds, summarized as under:

(2.) It is averred that the petitioner-accused is innocent and has been wrongly involved in a false and frivolous case; that he is in custody since 05.08.2011 and is undergoing trial and has not given slip to the law in any way; that the witnesses examined have not supported the case of prosecution and there is a prima facie case in his favour.

(3.) The trial court after considering the application of petitioner for grant of bail, rejected the same vide order dated 27.02.2012, constrained the petitioner to lay the instant motion.