Allowed

Hasruddin Ansari @ Bauna v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC29 Sept 2022/10700/2022

Case brief

AI extract

What is this about?

The High Court allowed the second bail application of Hasruddin Ansari accused of offences under Sections 147, 148, 149, 323, 308, 452, 506, 325 IPC. The court considered the general nature of allegations, simple injuries, settlement of matter by co-accused, and precedents before granting bail subject to strict conditions.

What did the court decide?

Released on bail on personal bond and two reliable sureties subject to conditions against tampering, intimidating witnesses, and seeking adjournments.

Hasruddin Ansari @ Bauna Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2022)

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10700 of 2022

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Applicant :- Hasruddin Ansari @ Bauna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saquib Zia Khan,Anand Kumar Kaushal,Praveen Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Shri Praveen Kumar Yadav and Shri Saquib Zia Khan, learned counsels for the applicant, Shri Dinesh Singh Rana, learned A.G.A. for the State and perused the material on record.

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This second bail application has been filed on behalf of applicant Hasruddin Ansari @ Bauna under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 0038 of 2020 for offence punishable under Sections 147, 148, 149, 323, 308, 452, 506, 325 of the Indian Penal Code, registered at Police Station Hasanganj, District Lucknow, during pendency of the trial, after rejecting the bail application of the applicant by Additional Sessions Judge, F.T.C. No. 4/Special Judge, E.C. Act, Lucknow vide order dated 9.5.2022. First bail application of the applicant was dismissed as not pressed vide order dated 23.8.2022.

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Brief facts of the case are that the First Information Report dated 3.2.2020 has been lodged by the first informant against the applicant and five other persons stating therein that on 3.2.2020 at 7.00 p.m. the applicant and other persons entered into the house of the first informant having lathi, danda and country made pistols in their hands and assaulted upon his daughter, his wife and first informant due to which right hand of the first informant was got fractured.

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After lodging of the first information report, medical examination of the injured persons was conducted on 3.2.2020. After recording the statement of the injured persons, charge sheet has been submitted against the applicant and other coaccused persons. Except the fracture on the right hand of the first informant, no other fracture was found on the body of the injured persons. The applicant has been arrested on 14.3.2022.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is Further submitted that general allegation

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of committing marpeet has been assigned to the applicant. No specific role or involvement has been attributed to the present applicant. It is further submitted that the parties have settled the matter out of the court and co-accused Hasan Ahmad Ansari @ Hasan Ahmad and three others have filed an application under Section 482, Cr.P.C. No. 5324 of 2022 to quash the entire proceedings of the criminal case arising out of the same offence and the application was finally disposed of directing the court concerned to verify the compromise. Injuries of the injured persons are simple in nature.

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He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail.

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Per contra , learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the FIR cannot be said to be fatal to the case at this juncture while considering the application of bail. But he could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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After considering the facts of the present case it prima facie appears that;

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(a) General allegation of committing marpeet has been assigned to the applicant;

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(b) No specific role or involvement has been attributed to the present applicant;

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(d) Co-accused Hasan Ahmad Ansari @ Hasan Ahmad and three others have filed an application under Section 482, Cr.P.C. No. 5324 of 2022 to quash the entire proceedings of the criminal case arising out of the same offence and the application was finally disposed directing the court concerned to verify the compromise.

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It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and

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reasonable apprehension of the witnesses being tampered with.

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Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118 , the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

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Let applicant, Hasruddin Ansari @ Bauna be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) 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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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) 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 of Cr.P.C.

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(iv) 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 the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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(vi) 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 of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat

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such default as abuse of liberty of bail and proceed in accordance with law.

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The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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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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Order Date :- 29.9.2022 T. Sinha

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Digitally signed by TRIPTI SINHA Date: 2022.09.30 12:34:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Hasruddin Ansari @ Bauna v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

Hasruddin Ansari @ Bauna v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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