Allowed

Ansar Ali @ Guddu Fauji v. State of U.P.

Allahabad HC8 Dec 2020BAIL/10612/2020

Case brief

AI extract

What is this about?

In this bail application, the Court allowed release on bail considering the nature of the offence, evidence on record, larger mandate of Article 21, and the dictum of the Apex Court, alongside the spread of the novel coronavirus in jails.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions including verification from official website.

Ansar Ali @ Guddu Fauji Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10612 of 2020

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Applicant :- Ansar Ali @ Guddu Fauji Opposite Party :- State of U.P. Counsel for Applicant :- Zaheer Asghar,Diwan Saifullah Khan,Syed Ahmed Faizan Counsel for Opposite Party :- G.A.,L.M. Singh,L.M.Singh

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Hon'ble Rajiv Joshi,J.

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Heard Sri Diwan Saifullah Khan, learned counsel for the applicant and Sri L.M.Singh, learned counsel for informant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 25 of 2020, under Sections 307, 395, 397, 412 IPC and 4/5 Explosive Act, Police Station Mangalpur District- Ramabai Nagar (Kanpur Dehat) during pendency of trial.

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It is submitted by learned counsel for applicant that FIR has been lodged on 12.1.2020 at about 12:15 AM, for the incident of assault and firing. It is also submitted that the incident is of 11.1.2020 at about 4:00 PM and the injured admitted to the hospital on the same day, while admitting the injured, it is mentioned that the injury sustained to the injured due to accident. It is next submitted that co-accused Syed Azhar Ali @ Ali Khan @ Munna has been enlarged on bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 13208 of 2020 vide order dated 4.6.2020. Hence, the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 12.01.2020, having criminal history of two cases, which has been explained in paragraph no. 25 of the affidavit filed in support of bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned AGA has opposed the prayer for bail of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of

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the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ansar Ali @ Guddu Fauji, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 8.12.2020 S.K.

Ansar Ali @ Guddu Fauji v. State of U.P.

Case brief

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Ansar Ali @ Guddu Fauji v. State of U.P.

Case brief

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