Farookh Ansari and Another v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37323 of 2023 Applicant :- Farookh Ansari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Nizam Uddin Counsel for Opposite Party :- G.A.,Hridaya Lal Hon'ble Vivek Varma,J.

¶1Counter affidavit filed by the counsel for the informant, is taken on record.

¶2Heard learned counsel for the applicants, Sri Hridaya Lal, learned counsel for the informant and learned AGA for the State-respondent.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 169 of 2022, under Sections 406, 420 IPC, Police Station Kotwali Katra, District Mirzapur, during the pendency of trial.

¶4Counsel for the applicants submits that the applicants are labours and have been falsely implicated in the instant case. The applicants have no concern with the material used in the construction of the alleged house. The house was constructed as per the sanctioned building plan and material supplied by the informant. No amount has been transferred in the account of the applicants. The applicants are not the beneficiary of the illicit transaction. At this stage, there is no evidence to connect the applicant with the offence. The applicant is in jail since

18.07.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that no amount has been transferred in the account of the applicants. At present, there is no substantive evidence against the applicants. The applicants have no criminal antecedents. The applicants have remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

¶7Let the applicants Farookh Ansari and Yakoob Ansari, involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.11.2023 Lbm/- High Court of Judicature at Allahabad