MOHAMMAD YUSUF GANIE Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of present application, the applicant, Mohammad Yousuf Ganie, through his brother, Abdul Lateef Ganie, seeks his liberation on bail in FIR No.66/2022 of Police Station, Beerwa Budgam, on medical grounds.

(2.) Case of the applicant is that he has been implicated in a false and frivolous case for the alleged commission of offences under Ss. 376, 450 and 506 of the Indian Penal Code, 1860, and he is presently lodged in Central Jail, Srinagar. According to the applicant, the prosecution witnesses so far examined during the trial have not deposed anything incriminating against him. The applicant seeks his enlargement on bail on the ground that he is suffering from various aliments including Psoriasis Vulgaris, Grade-III Fatty Liver (severe) and Gastroenterological disorder, for which he has been suggested hospital admission and close follow up. According to the applicant, during his judicial custody, he has developed other life consuming diseases.

(3.) It is also case of the applicant that after examining the medical report furnished by the Senior Medical Officer, Central Jail, Srinagar, and taking into account the gravity of his ailment, he was admitted to interim bail by the learned Trial Court of Additional District and Sessions Judge (FT), Budgam, vide order dtd. 5/11/2022, which came to be extended on 14/11/2022.However, the said interim medical bail was cancelled by the learned Trial Court on 26/12/2022 and the applicant was directed to surrender. It has been urged by the applicant that since he has been implicated in a false and frivolous case and so far there is no prosecution evidence against him, therefore, he is entitled to be released on bail as bail is the rule and jail is an exception.