The Allahabad High Court has given relief to Mukhtar Ansari’s relative Mansoor Ahemad Ansari, who organized the public meeting in the case of Mukhtar Ansari’s son Abbas Ansari’s provocative speech.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing an application under section 482 filed by Mansoor Ahemad Ansari.
By way of the petition under Section 482 CrPC, the petitioner has prayed for quashing of the charge-sheet dated 06.06.2022 filed in Crime/FIR lodged at Police Station Kotwali Mau, District Mau, for quashing of the order dated 18.08.2022 passed by the Special Judge (M.P/M.L.A) Court/Additional Chief Judicial Magistrate (Sr Division), Mau in Criminal Case (State Vs Abbas Ansari) and for quashing of the proceedings, arising out of the said criminal case.
The counsel for the petitioner fairly submitted that the issue, involved in the petition, is squarely covered by the order dated 01.02.2023 passed in Application U/S 482 (Abbas Ansari and another Vs State of UP and others) whereby the challenge to invocation of Section 153-A IPC against co-accused has been rejected by the Court.
It is further submitted that the petitioner is ready to subject himself to the jurisdiction of the Court, however, his bail application should be considered in light of the order dated 07.10.2021 read with judgement dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No 5191 of 2021 inasmuch as offence for which the petitioner has been charge-sheeted entails punishment upto 7 years.
The Additional Advocate General, representing the State, had no objection to the said request made by the counsel for the petitioner.
In view of the above, the Court disposed of the petition with liberty to the petitioner to surrender before the trial Court within 10 days and apply for regular bail. In case the petitioner surrenders and applies for regular bail within the the time prescribed herein, his bail application should be considered expeditiously, in accordance with law.