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2023 Supreme(J&K) 26

RAJESH SEKHRI
Mohd. Yusuf Ganie – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Owais Shaf.
For the Respondent: Faheem Nisar Shah.

JUDGMENT :

Rajesh Sekhri, J.

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 Sections 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,

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