Allowed

Azim Ansari v. State of U.P.

Allahabad HC27 Apr 2022BAIL/1429/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed under Section 439 Cr.P.C. for Azim Ansari, accused of offences under Sections 454, 380, and 411 IPC. The Court granted bail on personal bond and sureties subject to specific conditions regarding trial participation and non-tampering.

What did the court decide?

Released on bail subject to personal bond, two sureties, and five specific conditions including presence in court and non-tampering with witnesses.

Azim Ansari Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1429 of 2022

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Applicant :- Azim Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia

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Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This is an application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant Azim Ansari for enlarging him on bail in connection with Case Crime No.200 of 2021, under Sections 454, 380, 411 IPC, registered at Police Station-Chetganj, District- Varanasi, during the pendency of trial .

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Learned Counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. False recovery has been shown against the applicant. Applicant has no criminal history. Offence is triable by the Magistrate. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. He is in jail since 28.09.2021.

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Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering 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, (2018) 3 SCC 22 , without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Azim Ansari involved in the aforementioned crime be released on bail, on his furnishing a personal bond and

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two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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

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The applicant shall remain present, in person, before the trial court at the time of recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition 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 in accordance with law.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 27.4.2022 Priya

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Digitally signed by PRIYA KUSHWAHA Date: 2022.04.28 10:01:24 IST Reason: Location: High Court of Judicature at Allahabad

Azim Ansari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Azim Ansari v. State of U.P.

Case brief

What is this about?

What did the court decide?

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