Akhir Ansari Alias Abdul Akhir vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Akhir Ansari Alias Abdul Akhir vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Akhir Ansari @ Abdul Akhir to be released on bail in Case Crime No. 32/2020 under Sections 302 and 506 IPC, Police Station Sonauli, District Maharajganj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions: no tampering with prosecution evidence or harm/harassment of victim/complainant; undertaking not to seek adjournments or exemption from trial appearances; no misuse of bail liberty (misuse may invite proclamation under Section 82 Cr.P.C. and proceedings under section 174-A I.P.C.); bar on entering District Maharajganj until trial conclusion except for trial Court appearances; surety identity/status/residential proof to be verified by the court concerned; trial Court to endeavour to conclude the trial preferably within six months of release.

Issue for consideration

Whether the applicant, who has been in jail for more than 5 years while the trial in Case Crime No. 32 of 2020 under Sections 302 and 506 IPC has substantially progressed (material witnesses examined, no possibility left of influencing remaining witnesses), has made out a case for release on bail in this second bail application.

Court's answer

At this stage of the substantially progressed trial, the Court cannot make any comment on the nature of the testimony recorded.

Ratio / Principle

On the basis that material witnesses have been examined, the applicant has remained in jail for more than 5 years, and no possibility now exists to influence any witness, the applicant has made out a case for bail; bail is granted subject to conditions including that the applicant will not enter the boundaries of District Maharajganj until the trial concludes except for appearances before the trial Court.

Key takeaways

A specific territorial condition is imposed: the applicant shall not enter the boundaries of District Maharajganj until the trial is concluded except for the purpose of appearance before the trial Court; any vague ground for exemption would suffice for the trial Court to cancel/reject the bail.ratio¶17
Release on bail is conditioned on, inter alia: no tampering with prosecution evidence or harassment of the complainant; an undertaking not to seek adjournments or exemption from appearance (default to be treated as abuse of bail liberty); and no misuse of bail liberty, failing which a proclamation under Section 82 Cr.P.C. may be issued and proceedings initiated under section 174-A I.P.C.; the applicant must appear on each and every date before the trial Court.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 10), Saurabh Shyam Shamshery, J. — Second bail application (No. 4921 of 2025, filed 04.02.2025) by Akhir Ansari alias Abdul Akhir, stated to be the husband of the deceased, in Case Crime No. 32 of 2020 under Sections 302 and 506 IPC, Police Station Sonauli, District Maharajganj. The first bail application, pending over two years, had been disposed of with liberty to file afresh. Per the status report dated 20.02.2025, 8 of 18 proposed witnesses had been examined with trial expected to conclude within a year. The Court declined, at this stage, to comment on the nature of the testimony (counsel had argued absence of eye-witness account, disconnected chain of circumstances, and a proposed defence of alibi; the AGA pointed to recovery on pointing-out of the applicant and consistent evidence). Holding that the only relevant factors were examination of material witnesses, incarceration exceeding 5 years (custody since 23.02.2020), and the disappearance of any possibility of influencing the remaining witnesses, the Court held the applicant had made out a case for bail and allowed the application. Bail granted on personal bond and two sureties each in the like amount, subject to: (i) no tampering with prosecution evidence or harassment of the victim/complainant; (ii) undertaking not to seek adjournments/exemptions, default being actionable by the trial Court; (iii) no misuse of bail, failing which proclamation under Section 82 Cr.P.C. may issue and proceedings under section 174-A I.P.C. initiated; (iv) trial Court to endeavour to finish trial preferably within six months of release; (v) attendance on every trial date, vague exemption applications being ground for immediate bail cancellation; plus a special territorial condition barring entry into District Maharajganj except for trial appearances. Observations expressly confined to the bail adjudication.