The Allahabad High Court has denied bail to a member of the Mukhtar Ansari gang in a 2010 homicide case in Mau district wherein the jailed gangster-turned-politician can be an accused.
The court docket stated Ansari’s gang is the “most dreaded criminal gang of India” and it’s attainable that the accused, Ramu Mallah, might affect witnesses and their deposition within the case if allowed to come out of jail.
Mallah, who’s being tried in a number of different instances, had moved the bail software below Section 439 of the CrPC, which empowers the court docket to grant bail and in addition impose situations on the accused if essential.
Opposing the bail software, the federal government counsel Ratnendu Kumar Singh stated the accused might affect witnesses and safe acquittal within the current case. To this, the court docket agreed.
“Merely since the accused has been acquitted as the witnesses have turned hostile in some (other) cases, his criminal history does not get evaporated,” Justice Dinesh Kumar Singh observed in his order on March 1.
“The accused applicant is a dreaded criminal and member of the most dreaded criminal gang of India i.e. gang of Mukhtar Ansari. The accused applicant is facing several criminal cases of heinous offences,” it said.
The court said if such as criminal is allowed to come out of jail, he would certainly be in a position to influence the witnesses and free and truthful deposition of the witnesses would be impossible.
“Therefore, I discover no substance within the submission of the realized counsel for the accused applicant that because the accused applicant has secured acquittal (in another instances), he needs to be enlarged on bail. Thus, the current software is hereby rejected,” Justice Singh added.
The court docket additionally urged the State to present safety and help to witnesses for a free and truthful trial.
“Free and fair trial and preservation of rule of law, is not possible, if the State does not give witnesses protection and support for their free, frank and fearless deposition,” it stated.
The court docket discovered it unusual {that a} co-ordinate bench of the excessive court docket had given Mallah bail in 2013 on this case.
Gangster Mukhtar Ansari, who was an MLA from Mau, is at the moment lodged in Banda jail. He was introduced to Banda jail from a Punjab jail in April 2021 after a Supreme Court order. His son Abbas Ansari now represents the constituency within the UP Assembly.