This criminal bail application was filed by Riyaz Ansari in Case Crime No. 352 of 2021 involving sections 376, 504, 506 IPC. The court found merit in the applicant's claim of false implication and allowed the bail application subject to specific conditions.
Application allowed; applicant released on bail upon furnishing personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3915 of 2022
Applicant :- Riyaz Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Vimal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 352 of 2021 at Police Station Kaptanganj, District Kushinagar under Sections 376, 504, 506, IPC. The applicant is in jail since 17.11.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge, FTC-II, Kushinagar at Padrauna, on 13.07.2022.
Sri Vimal Kumar Pandey, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The FIR is a result of a relationship gone awry. The applicant and the victim were in a consensual relationship. However the applicant never gave a plighted word to marry the victim. The applicant was in Kuwait for the last three years where he works as a labour. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Learned AGA for the State could not satisfactorily dispute the aforesaid submissions.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is
entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Riyaz Ansari be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case any averment made in the bail application or the submissions during the course of argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.7.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.07.22 10:33:32 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the instant criminal case.
Riyaz Ansari
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
