Mukhtar Ansari Gang Most Dreaded Gang Of India, Says Allahabad HC Denying Bail To Alleged Gang Member In Murder Case

Terming 'Mukhtar Ansari Gang' as the most dreaded criminal gang of India, the Allahabad High Court last week denied bail to an alleged Ansari gang member in a murder case.

The bench of Justice Dinesh Kumar Singh observed thus while denying bail to a murder accused (one Ramu Mallah), who is an alleged member of the Mukhtar Ansari Gang.

Before the Court, Ramu Mallah's bail plea was opposed by the government while arguing that he is a member of the Mukhtar Ansari gang and that an FIR has been registered against Ramu Mallah under serious sections including murder, Arms Act.

The Court also noted that in the instant case, besides the applicant, Mukhtar Ansari and others are also accused. The Court further called it 'strange' that a co-ordinate bench had enlarged Mallah on bail in the year 2013.

Significanlty, the Court also noted that the accused applicant not only strategically absconded during the trial in the case but also played fraud with the Court by giving false and incorrect address on the bail application/supplementary affidavit on behalf of the accused applicant and submitted forged certificate of Village Pradhan.

"In most of cases, the accused applicant has been acquitted as no one would dare to depose against such dreaded criminal. The witnesses either got wonover or made tired or eliminated. Learned A.G.A. submits that the accused applicant could secure the acquittal as the witnesses turned hostile. This is disturbing and perturbing phenomena and such dreaded criminal go scot free in several heinous offences inasmuch as dreaded criminals either winover the witness or make them tired or eliminate them"

Against this backdrop, in its order, the Court also observed that for a sound, robust, free & fair criminal justice system, a free, frank, and fearless deposition of witnesses is of utmost importance.

Noting that in India, because of threats to life, reputation, property of witnesses or family members or their harassment or intimidation by or on behalf of the accused, the witnesses turn hostile and the accused go scot-free, the bench further tressed that 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.

The Court also opined that once the witnesses are not able to depose correctly in the court of law, it results in low rate of conviction and many times even the hardened criminals escape the conviction and that acquittal of a criminal in henious offences shakes the public confidence in criminal justice delivery system.

Consequently, observing that merely since the accused has been acquitted as the witnesses have turned hostile in some of the cases, his criminal history, does not get evaporated, the Court refused to grant him bail 

"Such a criminal, if allowed to come out of jail, he would certainly be in a position to influence the witnesses and free, fair and truthful deposition of the witnesses, would be an impossible," the Court added.

Apperances

Counsel for Applicant: Vivek Sharma, Abhishek Mayank, Hirdesh Kumar Yadav, Shashank Kumar, Sushma Yadav, Vinod Kumar Yadav

Counsel for Opposite Party: G.A., Ratnendu Kumar Singh

With this, the bail plea was dismissed

Case title - Ramu Mallah vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 10996 of 2020]

Case citation: 2023 LiveLaw (AB) 91

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