SAJAD AHMAD KHAN Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Sec. 439 of Cr. P. C seeking bail in a case arising out of FIR No.17/2021 for offences under Sec. 307, 498 IPC registered with Police Station, Mattan, Anantnag.

(2.) Briefly stated, the case of the prosecution is that on 29/3/2021, the complainant, who happens to be the brother of the victim, lodged a report with the police alleging therein that his sister, PW-Shogi Jan, had entered into a wedlock with petitioner/accused and that he used to subject her to cruelty. It was further alleged that on 24th of March, 2021, the petitioner/accused sprinkled kerosene oil upon his wife/victim and set her ablaze within an intention to kill her. The victim received grievous burn injuries and she was taken to hospital at Anantnag wherefrom she was referred to hospital at Srinagar for further treatment. On receipt of this report, police registered the FIR and started investigation of the case. The petitioner was arrested on 30/3/2021. In the meantime, the victim was discharged from the hospital on 4/4/2021. After investigation, offences under Sec. 307, 498A IPC were found established against the petitioner and charge sheet was laid before the trial court.

(3.) It has been contended by the petitioner that on the basis of some trivial issue, there was usual exchange of words between him and his wife and it is the victim who set herself on fire and that he has not committed any offence. It is averred that the allegations levelled in the FIR and the challan against the petitioner are frivolous and baseless. It is further averred that the relation between the petitioner and his wife have not remained smooth as the victim used to quarrel with him on petty issues. It is further averred that the matter was settled by Anjuman-e-Auqaf Markazi Jamia Masjid, Gopalpora but in spite of that, the FIR came to be lodged by the brother of the victim. It is contended that the petitioner is entitled to bail as his liberty cannot be curtailed on the basis of false and frivolous allegations. It is further averred that the petitioner is ready to abide by all the conditions that may be imposed by this Court in case he is admitted to bail.