SHEIKH JAVED IQBAL ALIAS ASHFAQ ANSARI ALIAS JAVED ANSARI v. THE STATE OF UTTAR PRADESH

Factual and Procedural Background

The applicant was arrested in connection with Crime No.01/2025 registered at Police Station ATS, Uttar Pradesh, District Lucknow, for alleged offences under Sections 489B and 489C of the Indian Penal Code, 1860 and Section 16 of the Unlawful Activities (Prevention) Act, 1967. The Supreme Court had earlier ordered the applicant’s release on bail by order dated 18-07-2024 in Criminal Appeal No.2790/2024, subject to conditions including restrictions on travel outside the trial court’s territorial jurisdiction. The present Miscellaneous Application (with associated IAs) sought permission to travel to New Delhi to execute a sale deed relating to land owned by the applicant.

Legal Issues Presented

1. Whether the applicant, previously granted bail with a condition not to leave the trial court’s territorial jurisdiction, should be permitted to travel to New Delhi for executing a sale deed, and if so, on what conditions.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court noted that it had earlier granted bail subject to specified conditions, including a restriction on leaving the territorial jurisdiction of the trial court. It recorded that the applicant had been “scrupulously abiding” by those directions. The Court was also informed that the trial was in progress and that 7 out of 14 witnesses had been examined. Considering the applicant’s stated purpose (execution of a sale deed) and the ongoing trial, the Court concluded that travel to New Delhi could be permitted, but only with safeguards to ensure supervision, traceability, and continued compliance with bail conditions.

Accordingly, the Court imposed conditions requiring (i) advance disclosure of the entire travel programme to the investigating officer at ATS Lucknow (including departure date, place of stay in New Delhi, and return date), (ii) an undertaking to return to Lucknow after completing the sale deed formalities and to continue complying with all bail conditions, and (iii) daily marking of presence at Tilak Marg Police Station while in New Delhi. The Court further capped the permitted stay at a maximum of 10 days and directed that, in case of genuine difficulty, the applicant should return to the Court. To facilitate enforcement, the Registry was directed to forward copies of the order to ATS Lucknow and Tilak Marg Police Station.

Holding and Implications

APPLICATIONS DISPOSED OF with permission granted to the applicant to travel to New Delhi for execution of the sale deed, subject to the specified conditions, including daily police reporting and a maximum 10-day stay.

The direct effect is that the applicant may temporarily leave the trial court’s territorial jurisdiction solely for the stated purpose and within the Court-mandated safeguards. The order operates as a conditional relaxation of the earlier bail travel restriction for this limited period; the opinion does not indicate that any broader legal principle or new precedent was laid down.