Allowed

Ansar v. State of U.P.

Allahabad HC25 Jun 2018BAIL/22017/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 22017 of 2018, the court granted bail to Applicant Ansar. Distinguishing him from co-accused who were assigned the role of causing injury, the court noted a prima facie satisfaction of the charge and reasonable apprehension of witness tampering. Bail was granted on furnishing a personal bond with two sureties, subject to standard conditions including attendan

What did the court decide?

Order for release on bail with furnishing of personal bond and two sureties.

Ansar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22017 of 2018 Applicant :- Ansar Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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Sri Nitin Gupta, Advocate has filed his power on behalf of the complainant is taken on record.

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Heard Sri Syed Ali Imam, learned counsel for the applicant, Sri Nitin Gupta, learned counsel for the complainant and Sri Amit Singh Chauhan, learned AGA appearing for the State and perused the record.

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It has been argued by learned counsel for the applicant that as per the prosecution case in the FIR general role of assaulting the deceased have been assigned to the applicant alongwith four other accused persons, but subsequently during the course of investigation as per the statement of two eye witnesses the specific role of causing two injuries has been assigned to coaccused Gufran and Alim and the applicant has been assigned the role of exhortation. The applicant is in jail since 18.02.2018.

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Learned AGA and learned counsel for the complainant vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Ansar, involved in Case Crime No. 121 of 2018, under Section 147, 148, 149, 307, 302 IPC, Police Station Hapur City, District Hapur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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The case of the applicant is distinguishable from the case of coaccused Gufran and Alim.

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Order Date :- 25.6.2018 VKG

Ansar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ansar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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