"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case

The Allahabad High Court (Lucknow bench) last week denied anticipatory bail to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Arms License case.

Denying him bail, the bench of Justice Dinesh Kumar Singh took into account the fact that Ansari had been avoiding the process of the Court, against whom proclamation had been issued by the Court.

"Considering the serious allegations that accused-applicant got registered his arm license fraudulently and obtained prohibited Barrels, weapons and cartridges in large numbers by taking ground of shooting; and he has purchased weapons and cartridges, which are prohibited in shooting practice and against the Notification dated 4.8.2014 of the Government of India, and also considering the fact that accused-applicant has been avoiding the process of the Court, against whom proclamation has been issued, this Court does not find any ground to grant anticipatory bail to the accused-applicant."

The case in brief

Ansari has been booked under Sections 420, 467, 468, and 471 IPC and Section 30 Arms Act on the allegations that he got the arms license issued by the District Magistrate, Lucknow transferred to New Delhi without giving any prior information regarding the same to the authorities at Lucknow and did not inform the concerned Police Station as it was his intention to illegally buy and use the firearms.

The further allegation is that Ansari had purchased and got registered several weapons on the said license illegally and in an unauthorized manner and as many as 4431 cartridges were recovered from his possession by the police and many of these cartridges are metal jacketed. As a shooter, keeping the metal jacketed cartridges for shooting purposes, is against the law and against the standard prescribed by the International Shooting Sport Federation (ISSF).

It has also been alleged that for importing one Rifle and six Barrels, Ansari did not use the NRAI permit, but he imported the same in his personal baggage after paying concessional import duty under the provisions of Notification No.147/94-Customs.

His anticipatory bail plea was rejected by the Additional Sessions Judge, Court No.XIX, Lucknow/Special Court, M.P./M.L.A. earlier this month. Challenging the order, he moved to the High Court arguing that he was being targeted as he is the son of Sri Mukhtar Ansari for political reasons as the present dispensation is inimical to and hostile to his family.

Court's observations

At the outset, the Court took into account the fact that summons were issued to Ansari on 8.1.2021, 3.2.2021, 2.3.2021, 7.7.2021, 7.9.2021, 8.11.2021, 18.1.2022 by the Magistrate, but he failed to appear before the court to face the trial. 

The Court also noted that Bailable warrants were issued by the learned Magistrate on 4.4.2022, and 21.5.2022, but he again did not pay any heed to appear before the court concerned and thereafter, non-bailable warrants were issued against him on 15.7.2022, 27.7.2022 and 11.8.2022, but still he did not surrender before the court, and the court having no option, issued proclamation under Section 82 Cr.P.C. on 25.8.2022.

Against this backdrop, the Court rejected his anticipatory bail application, however, the Court did observe that if the accused-applicant surrenders before the trial court and applies for regular bail, his bail application should be considered expeditiously in accordance with law.

Case title - Abbas Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko [Criminal Misc, Anticipatory Bail Application U/S 438 Cr.P.C. No. - 1396 of 2022]

Case Citation: 2022 LiveLaw (AB) 397

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