Allowed

Rizwan Ansari v. State of U.P.

Allahabad HC2 Apr 2019BAIL/13665/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 147, 148, 149, 34, 302 IPC and Section 7 of the Criminal Law Amendment Act, the court relied on the co-accused's earlier bail order, the applicant's lack of criminal history, and the absence of independent witnesses held the case for bail. Bail was allowed subject to standard conditions.

What did the court decide?

Released on bail furnishing a personal bond and two sureties, subject to non-tampering with evidence, no intimidation of witnesses, and appearance in court.

Rizwan Ansari Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13665 of 2019

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Applicant :- Rizwan Ansari Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Vakalatnama filed today by Sri Manish Tiwari and Sri Ashwini Kumar Awasthi, Advocate on behalf of complainant is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri R.K. Singh, learned brief holder for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against four accused persons, namely Shiv Kumar Nishad, Vinod Kumar Nishad @ Guru, Jitendra Kumar Nishad @ Bambu and Bablu Kumar Bharti alleging that on 11.5.2018 they shot fire at Prabhu Shahni, he received two gun shot injuries, resultantly died. During investigation, the name of Afroj Ahmad Ansari and Rizwan Ansari was surfaced and one country-made pistol each was recovered on the pointing out of Afroj Ahmad Ansari and Rizwan Ansari.

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It is submitted by learned counsel for the applicant that coaccused namely Afroj Ahmad Ansari has already been granted bail by co-ordinate Bench of this Court vide order dated 22.1.2019 in Criminal Misc. Bail Application No. 2692 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. There is no independent witness and no legal evidence except the confessional statement before the police personnels. Recovery was falsely planted by the police to show his good work. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 25.5.2018 (more than ten months) having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant opposed the prayer for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal

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history and the case of present applicant is identical to coaccused Afroj Ahmad Ansari who has been enlarged on bail.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Rizwan Ansari involved in S.T. No. 243 of 2018 arising out of Case Crime No. 87 of 2018, under Sections 147, 148, 149, 34, 302 IPC & Section 7 Criminal Law Amendment Act, Police Station Chowk, District Varanasi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 2.4.2019 A. Singh

Rizwan Ansari v. State of U.P.

Case brief

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Rizwan Ansari v. State of U.P.

Case brief

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