The Supreme Court on Monday granted anticipatory bail to Umar Ansari, son of gangster-politician the late Mukhtar Ansari, in a case of alleged violation of the model code of conduct during the 2022 Uttar Pradesh assembly elections.
A bench of Justices Hrishikesh Roy and PK Mishra asked Umar Ansari to appear before the trial court which will enlarge him on bail.
During the hearing, senior advocate Garima Prashad, appearing for the Uttar Pradesh government, said Ansari has not been appearing before the trial court in the case.
She said it is a case of inciting people in a congregation and the co-accused, who appeared before the trial court, have got regular bail.
"Please direct him to appear before the trial court and seek regular bail instead of anticipatory bail," she urged the court.
Senior advocate Kapil Sibal, appearing for Ansari, contested Prashad's claim and said he had appeared before the trial court and furnished bonds.
"He was on the stage but did not utter a word with regard to the offending statement," Sibal submitted.
The bench noted the submissions of both the counsel and said it is inclined to grant the relief.
While granting Ansari anticipatory bail, the bench directed him to appear before the trial court and furnish the bail bonds.
On January 25, the top court had granted him protection from arrest in the case.
The Allahabad High Court had on December 19 last year rejected Ansari's anticipatory bail application and said looking at the facts and circumstances of the case, an offence was made out against him.
An FIR was lodged on March 4, 2022 at Kotwali police station in Mau district against Abbas Ansari (Umar's elder brother and SBSP candidate from Mau Sadar seat), Umar Ansari, and 150 unknown people.
It was alleged in the FIR that on March 3, 2022 they had addressed a public meeting at Pahadpura ground where they called for settling a score with the Mau administration. A case of violation of the election code of conduct was registered against them.
Mukhtar Ansari, a former MLA, died of cardiac arrest at a hospital in Banda in Uttar Pradesh on March 28.
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