ZAKIR HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) Dissatisfied with the order of the learned Additional Sessions, Judge, Rajouri, passed in an application for the grant of bail in case bearing FIR No. 224/2016, registered at Police Station Rajouri, for the commission of offences under Sections 363, 376 & 109 RPC, the accused-Zakir Hussain has knocked at the doors of this Court for the grant of bail in his favour.

(2.) What comes to the fore from the perusal of the material on record is that a charge sheet in terms of Section 173 Cr. PC has been laid against the accused and others before the competent Court in which the trial has commenced. The contention of the applicant as propounded by him in his application is that a false and frivolous case has been registered against him. He is innocent and has not committed any offence. He is languishing in the jail for the last more than one year approximately. The evidence recorded during the trial of the case does not connect him with the commission of the crime imputed to him and, therefore, there are no reasonable grounds to believe that the applicant is guilty of the commission of the offences attributed to him. The co-accused in the case have been admitted to bail and, therefore, on the ground of parity he too deserves to be admitted to bail. He has deep roots in the society. He will not flee from justice, in case he is admitted to bail and above all that the prosecutrix is his married wife as gets revealed from the perusal of the Nikah Nama attached to the application.

(3.) In the status report filed by the State, it has been pleaded that the offences under Sections 376, 363 & 109 RPC, having been established against the applicant, a charge sheet has been laid against him and others in the Court of law.