SUPREME COURT

Court No- 3

Bench: H O N ’ B L E J U S T I C E B . R . G A V A I
HON’BLE JUSTICE SANDEEP MEHTA

Item no- 2

SLP(C) No. 000031/2024

Case Title: ABBAS ANSARI vs. THE STATE OF UTTAR PRADESH

CASE DETAILS :- Applicant has been in jail since 27.10.2020.Asserted that the applicant is an
innocent person with no criminal history. The court considers the nature of allegations and the
fact that a charge sheet has been filed during the applicant's period of incarceration. The court
refrains from expressing any opinion on the merits of the case .Given the facts and
circumstances, the court finds it a fit case to grant bail to the applicant.The bail application is
allowed, and Gujraj is to be released on bail under specified conditions.

FACTS OF THE CASE: Gujraj is the husband of the deceased.FIR was lodged after an
unexplained delay of 45 days, based on a bald allegation. No mention of dowry demands in the
FIR.Antemortem injury found on the deceased's body. Complainant and his son admit to
providing false statements under Section 161 CrPC, realized their mistake, and submitted
affidavits to the Superintendent of Police, Sitapur. The applicant claims the deceased consumed
poison by mistake. No prior complaints of dowry demands or torture.

COURT OBSERVED :- No tampering with evidence during the trial.No pressurizing or

intimidating prosecution witnesses. No inducement, threat, or promise to dissuade disclosure of
facts. Undertaking not to seek adjournments during witness testimony dates.Mandatory presence
before the trial court on each fixed date. Misuse of bail may lead to proceedings under Section
82 Cr.P.C. and Section 229-A of the Indian Penal Code.

COURT HELD - The learned A.G.A. is granted one week to file a counter affidavit due to
pandemic-related court closures.The applicant's counsel may file a rejoinder affidavit by the next
date of listing. Await the filing of the counter affidavit by the learned A.G.A. Possibility of a
rejoinder affidavit by learned counsel for the applicant.

Submitted by

AMBIKA PRASAD JENA