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Bail Denials and Relaxations in Indian Courts

Published 2 weeks ago3 minute read
Bail Denials and Relaxations in Indian Courts

The Supreme Court has relaxed the bail conditions for Uttar Pradesh MLA Abbas Ansari in a case under the UP Gangsters Act. This modification allows Ansari to stay in Ghazipur when visiting his Mau constituency, addressing concerns raised by his lawyer about the difficulty of traveling from Lucknow for such visits.

Justices Surya Kant and N Kotiswar Singh, after reviewing a confidential report from the Uttar Pradesh government, modified the court's March 7 order, which had imposed several bail conditions on Ansari, the son of the late gangster Mukhtar Ansari. Additional Solicitor General K M Nataraj, representing the Uttar Pradesh government, noted Ansari's absence in past case hearings, which Justice Kant suggested might be due to the restrictive bail conditions.

Senior advocate Kapil Sibal, representing Ansari, argued that his client had neither left his official Lucknow residence nor visited his constituency in the last six months due to the impracticality of traveling 350 kilometers from Lucknow to Mau and back in a single day. Sibal requested that Ansari be allowed to stay at his home in Ghazipur, only 40 kilometers from the constituency, during visits.

The court has granted Ansari permission to stay for three consecutive nights during constituency visits but prohibited him from attending any political meetings during his stay. He is also permitted to respond to the status report filed by the state government.

The initial interim bail, granted on March 7, required Ansari to stay in his official Lucknow accommodation and seek prior permission before visiting Mau. This relaxation facilitates Ansari's release from Kasganj Jail, as he already had bail in other cases. The court has instructed him to inform police authorities a day before appearing in different courts and not to leave Uttar Pradesh without prior permission. A confidential status report on Ansari's compliance with bail conditions was requested from the police within six weeks.

Ansari was taken into custody on November 4, 2022, in other criminal cases and arrested under the Gangsters Act on September 6, 2024. He had previously sought to appear virtually in trial court proceedings due to safety concerns, but this request was denied. The Allahabad High Court had rejected Ansari's bail plea on December 18 of the previous year. The FIR against Ansari and others was lodged on August 31, 2024, at Kotwali Karvi Police Station in Chitrakoot district, accusing them of extortion and assault.

In a separate case, the Delhi High Court has denied interim medical bail to Popular Front of India (PFI) leader A S Ismail, who is accused in a terror case. Justices Subramonium Prasad and Harish Vaidyanathan Shankar cited a report from an AIIMS medical board indicating that Ismail's condition is stable and would not worsen without bail.

The court noted that Ismail is receiving proper treatment and showing improvement while incarcerated. The AIIMS medical board's report indicated that his condition does not warrant interim bail. The court directed jail authorities to continue the prescribed treatment, including regular physiotherapy and continuous monitoring of Ismail's blood pressure. They were also instructed to take him to AIIMS monthly for condition monitoring. Ismail was arrested on September 22, 2022.

The NIA alleges that Ismail was involved in a conspiracy to radicalize Muslim youth by inciting them against the Indian government and leaders of organizations not supporting the establishment of Islamic rule in India. A chargesheet was filed against 19 accused persons, including PFI, under the Unlawful Activities (Prevention) Act, following the arrest of all accused.

From Zeal News Studio(Terms and Conditions)

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