Supreme Court Grants Interim Protection To Umar Ansari, Son Of Mukhtar Ansari, From Arrest In Model Code Of Conduct Case

The facts of the case are that an FIR was lodged against Abbas Ansari, Suheldev Bhartiya Samaj Party candidate from Mau Sadar seat, Umar Abbas Ansari (the present appellant), organiser Mansoor Ahmad Ansari and 150 unknown people. The allegation against them was that on 03.03.2022, the accused, including the appellant, threatened the District Mau Administration and violated the model code of conduct. The FIR was registered under Sections 171-F, 186, 189, 153-A, 120-B and 506 of the IPC.

Since the Allahabad High Court dismissed the anticipatory bail, the appellant approached the Top Court for relief.

Senior Advocate Kapil Sibal, appearing for Ansari, pointed out that the speech given during the election's time, by the petitioner's brother, has led to the registering of the case.

Pertinently, one of the grounds given by the High Court for not granting bail to the appellant was his criminal history. In this respect, referring to the relevant documents, Sibal contended that the Court granted bail in two such cases, and in two other cases, an order of no coercive action was obtained. Besides, the fifth case was quashed by the High Court. Further, it was submitted that the person who made the speech (Abas Ansari) and another co-accused have been granted regular bail.

After perusing the arguments advanced, the Division Bench issued a notice, returnable in four weeks, and also recorded that in the meantime, the appellant is protected from arrest.

Case Title: Umar Ansari Vs State of UP., SLP(Crl) No. 819/2024

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