Allowed

Ansar and Another v. State of U.P.

Allahabad HC11 Feb 2019BAIL/4081/2019

Case brief

AI extract

What is this about?

In this bail application, the court allowed the release of applicants Ansar and Japan on bond and sureties in a Section 306 IPC case. The court noted lack of evidence and no criminal history, finding the case fit for bail without expressing an opinion on the merits.

What did the court decide?

Applicants Ansar and Japan released on bail furnishing personal bond and two sureties each subject to standard conditions.

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

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4081 of 2019

¶3

Applicant :- Ansar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Aniruddha Singh,J.

¶5

Heard learned counsel for the applicants, Sri D.N. Tiwari, learned A.G.A for the State and perused the record.

¶6

According to prosecution case, F.I.R. was lodged on 31.8.2018 against two accused persons, namely Ansar and Japan alleging that date and time was not mentioned in the FIR, Ashu (deceased) went with accused applicants and dead body of Ashu was found on railway track. Statement of train driver was recorded, he stated that train was running Delhi to Samali, deceased suddenly came at the track of the train and died.

¶7

It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. They are not responsible for death of deceased. Incident took place accidentally and unfortunately. There is no independent witness and no legal evidence against the applicants. F.I.R. was lodged on the basis of suspicion. Applicant no. 1 is languishing in jail since 3.9.2018 and applicant no. 2 is languishing in jail since 10.9.2018 (more than five months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

¶8

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

¶9

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.

¶10

Let applicants Ansar and Japan involved in Case Crime No. 984 of 2018, under Section 306 IPC, Police Station Baraut, District Baghpat 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:

¶11

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

¶12

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

¶13

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

¶14

4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

¶15

5.The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶16

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

¶17

Order Date :- 11.2.2019

¶18

A. Singh

Ansar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ansar and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Meena Devi and Anr. Vs State of U.P. and Another

Chandan Verma Vs State of U.P. and Another

Amir and 3 Others Vs State of Up and Another

Buddhu Prajapati Vs State of U.P.

Ram Naresh Vs State of U.P.

Kela Devi @ Kalan Vs State of U.P.