Rizwan Ahmad Ansari v. State of U.P. and Another

Court No. - 71 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12003 of 2023 Applicant :- Rizwan Ahmad Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firoz Haider,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.,Nipun Singh,Suraj Kumar Singh Hon'ble Shekhar Kumar Yadav,J.

¶1Supplementary affidavit filed on behalf of the applicant today in the Court, the same is taken on record.

¶2Heard Sri Sadrul Islam Jafri, learned Senior Counsel for the applicant, Sri Nipun Singh, learned counsel for the informant and learned Additional Government Advocate for the State as well as perused the material available on record.

¶3This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.175 of 2023, under Sections 406, 354, 323, 315 I.P.C., P.S.- Jaitpur, District-Varanasi.

¶4Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He submitted that it is a private institution in the private capacity, invited the informant for job but when the informant was not found fit, the institution rejected her application on

15.6.2023, thereafter, the victim lodged the present FIR on

12.7.2023 against the applicant with the allegation that the informant is doing private teaching job on contract basis in Madarsa Dayartul Islah Chirage Ulum since 2007. The applicant had assured her for government job. On 14-6-2023, the applicant taken Rs.2/- lacs from the co-accused Belal Ahmad and give Rs.15/- lacs then the government job will be provided. It is further alleged that on 28-6-2023 the applicant told through co-accused Belal Ahmad to come at Madrasa and take her rupees, when she came there then they taken her in a room and told that if she will not give Rs.13/- lacs then to make relation with him then he will do her work. It is further alleged that the applicant pushed the informant, she fell down and due to pregnancy, she started pain. He submitted that the alleged incident took place on

28.6.2023 and informant was medically examined on

3.7.2023 and FIR was lodged on 12.7.2023 without explaining delay in lodging the FIR. He further submitted that the applicant is Manager of the Institution which is affiliated by District Inspector of School. He submitted that on the date of alleged incident, an interview was going on and several persons were present. He submitted that the applicant has criminal history of two cases which has been explained in paragraph nos. 3 to 6 of the second supplementary affidavit. Learned counsel for the applicant further submitted that applicant has apprehension of imminent arrest and in case, applicant is released on anticipatory bail, he will not misuse the liberty and would co-operate with the trial.

¶5Sri Nipun Singh, learned counsel for the informant and learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. Sri Nipun Singh, learned counsel for the informant has submitted the applicant is habitual of doing such acts and therefore, keeping in view of the seriousness of the allegations made against the applicant, the applicant is not entitled to grant of anticipatory bail.

¶6Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

¶7In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant-Rizwan Ahmad Ansari, involved in the aforesaid case crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/-with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.

(ii) The applicant shall not, directly or indirectly, make any 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 to any police officer.

(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

(vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and

(iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.

¶8In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶9With the aforesaid observations/ directions, the application stands allowed. Order Date :- 20.11.2023 // Krishna* High Court of Judicature at Allahabad High Court of Judicature at Allahabad