Allahabad High Court

Allahabad High Court: Dinesh Kumar Singh, J. rejected the bail application of former UP MLA Mukhtar Ansari who was arrested under Sections 419, 420, 467, 468, 471, 120-B, 177 and 506 Penal Code, 1860 and Section 7 of Criminal Law Amendment Act, 1932. Bail application of the accused-applicant was rejected by the Special Judge (MP/MLA)/Additional District Judge earlier on 13-12-2021.

FIR against accused-applicant revealed that an ambulance was registered in the Road Transport Office, Barabanki on 21-12-2013 in the name of Dr. Alka Rai in lieu of forged documents. During the course of investigation name of the accused-applicant figured, and it was found that the real beneficiary and user of the said vehicle was the present accused-applicant and he got the said vehicle purchased in the name of Dr. Alka Rai by pressurizing her and the payment was allegedly made by him.

State submitted that the accused-applicant is a known Mafia, Don and Gangster. He has been elected five times for the Legislative Assembly of the Uttar Pradesh from Mau Constituency and three times while he was in jail. Criminal history of the accused-applicant was also submitted in detail. It was alleged that the aforesaid vehicle was recovered from Mohali, Punjab, which was being used by the accused-applicant and his henchmen for going to the court from jail. His henchmen would travel in the said ambulance armed with sophisticated weapons to escort him.

The Court remarked that ‘It is irony and tragedy of the Indian republic and biggest scar on Indian democracy that criminals like the present accused-applicant are the law-makers.

It was noted that Dr. Alka Rai, later in her statement admitted that under pressure and fear of the present accused-applicant, she had signed on some papers brought by his men and her signatures were taken on the blank letter pad of the hospital along with seal etc. Statements of other co-accused corroborated the abovementioned allegations.

The Court reiterated the Supreme Court ruling in Harjit Singh v. Inderpreet Singh, 2021 SCC Online SC 633 wherein the Court had cancelled the bail granted to the accused by the High Court considering the criminal antecedents of the accused. Further the Court relied on Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 where the Supreme Court held that while considering a bail application by the Court, the due consideration, inter alia, to be given to the criminal antecedents of the accused.

The Court rejected the bail application keeping in mind the long criminal history of the accused-applicant of most heinous offences and facts of the case. The Court did not find any ground to enlarge the accused-applicant on bail.

“The accused-applicant commands un-parallel fear in the minds and hearts of the people that no one dares to challenge him and his men and his politics. If the accused-applicant is enlarged on bail, the apprehension of the prosecution that he would tamper with the evidence and influence the witnesses, cannot be ruled out.”

[Mukhtar Ansari v. State of U.P., 2022 SCC OnLine All 491, decided on 19-07-2022]

Advocates who appeared in this case :

Sri Arun Sinha, counsel for the applicant and Sri V.K. Shahi, Additional Advocate General assisted by Sri Anurag Varma, A.G.A.

*Suchita Shukla, Editorial Assistant has reported this brief.

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