In Criminal Misc. Bail Application No. 17558 of 2023, the Allahabad High Court allowed the bail application of Ansar Ahmad. The court noted the absence of evidence and a post-mortem report indicating suicide, granting bail subject to conditions.
Released on bail in furnishing a personal bond and two sureties with conditions for appearance and non-interference.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17558 of 2023
Applicant :- Ansar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Yadav,Patgendra Bhushan Misra Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
suicide and this fact is evident from the post-mortem report of the deceased. He further submitted that deceased died on 25.1.2021 and during inquest proceeding the informant, wife of the deceased, was present and this fact is evident from the inquest report which has been annexed as Annexure No. 2 to the affidavit but she did not raise any objection at that time and after about three and half months she moved an application under Section 156(3) Cr.P.C. on 8.4.2021 and thereafter FIR of the present case was lodged on 5.10.2022. He further submitted that except the bald allegation, there is no evidence on record on the basis of which it could even be inferred that applicant committed the murder of his son i.e. husband of the informant.
the post-mortem report, he died due to hanging and his hyoid bone was found intact, therefore, it appears that deceased committed suicide.
(i) The applicant shall appear before the trial court on the
dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
Order Date :- 19.4.2023
KK Patel
Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the lack of evidence and suicide report regarding the deceased.
Whether appropriate conditions can be imposed for the release of the applicant on bail.
Ansar Ahmad
State of U.P.
Sameer Jain
KK Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
