Allowed

Ansar Ali v. State of U.P.

Allahabad HC14 Sept 2023BAIL/37693/2023

Case brief

AI extract

What is this about?

High Court allowed bail to an applicant charged under Section 376 IPC. The court noted the applicant did not appear, appointed amicus curiae, found sufficiency in the amicus arguments (delay in FIR, consent, lack of medical evidence), and granted bail citing fundamental rights despite lawyer strikes.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions of not tampering with evidence and appearing in court.

Ansar Ali Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:178013

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37693 of 2023

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Applicant :- Ansar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar,Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is called out. None appears on behalf of the applicant to press the bail application. Name of counsel for the applicant is shown in the cause list. Learned AGA for the State is present.

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Learned counsel at the Bar has been requested to assist the Court in the matter. This Court in the light of the holding in Maneesh Pathak vs. State of U.P. passed in Criminal Misc. Bail Application No. 18536 of 2020 is not dismissing the case for non prosecution. Learned members at the Bar have volunteered to assist the Court pro bono in the highest tradition of the profession. The Court has appointed learned counsel as amicus curiae.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.208 of 2023 at Police Station-Pakbada, District- Moradabad under Section 376 IPC. The applicant is in jail since 07.07.2023.

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The bail application of the applicant was rejected by the

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learned trial court on 04.08.2023.

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The following arguments made by learned amicus curiae on behalf of the applicant, which could not be satisfactorily refuted by learned AGA from the record, entitle the applicant for grant of bail:

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Delay in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.

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The victim and the applicant were intimate and had a consensual relationship.

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The F.I.R. is the result of the relationship between the applicant and victim going awry.

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The applicant never gave a plighted word to marry the victim.

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The criminal proceedings are being leveraged to force the applicant to marry her.

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Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution.

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The applicant did not capture or circulate any indecent photographs or videos of the victim and the same have not been recovered from the applicant.

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Prosecution evidence does not connect the applicant with the offence.

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The records available with the learned A.G.A. disclose

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that the applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Ansar Ali 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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The Court has been informed that the lawyers in districtMoradabad are striking work. Liberty of citizens is too sacrosanct and cannot be held to ransom by striking lawyers.

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The District Legal Services Authority (DLSA), Moradabad shall ensure that appropriate legal aid is made

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available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

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Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Moradabad for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.

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Order Date :- 14.9.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Ansar Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ansar Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

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