Biggest Scar On Indian Democracy That Criminals Like Mukhtar Ansari Are Lawmakers: Allahabad HC Denies Him Bail

"It is irony and tragedy of the Indian republic and biggest scar on Indian democracy that criminals like Mukhtar Ansari are the law-makers," the Allahabad High Court observed on Tuesday as it denied bail to former UP MLA in a case wherein he has been accused of registering an ambulance on forged and fabricated document.

The bench of Justice Dinesh Kumar Singh further observed that since the ambulance was allegedly being used to carry Ansari's men armed with illegal and sophisticated weapons for his protection, therefore, there was no ground to enlarge him on bail.

The case against him

Essentially, yhe case against Ansari is that on December 21, 2013, an ambulance was registered in the Transport Department of Barabanki in the name of Dr. Alka Rai on the basis of forged documents.

When the matter was investigated, Dr. Alka Rai herself admitted that people associated with Mukhtar Ansari had brought some documents to him and she was pressurized to put her signature on those papers.

It came to light during the investigation that the real beneficiary and user of the vehicle was Ansari 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.

Further, the vehicle was recovered from Mohali, Punjab, and it was found that it was being used by Ansari and his henchmen for going to court from jail and his henchmen would travel in the ambulance armed with sophisticated weapons to escort him.

Thereafter, Ansari was booked under Sections 419, 420, 467, 468, 471, 120-B, 177 and 506 IPC and Section 7 Criminal Law Amendment Act. After his bail plea was rejected by Special Judge (MP/MLA)/Additional District Judge, Barabanki, he moved to the High Court.

Court's observations 

The Court took into account the statements made by Dr. Alka rai and noted that other co-accused had corroborated the allegation against Ansari regarding the purchase of the said ambulance on the basis of the forged and fabricated documents in the name of Dr. Alka Rai for his own use.

Based on the statement of one accused, the Court also noted that once in Lucknow, one Reporter had clicked the photo of the said ambulance, and then henchmen of the accused applicant had assaulted the said Reporter badly. 

Consequently, taking into account the long criminal history of Ansari of most heinous offences and looking at the facts of the case that the ambulance was allegedly being used to carry his men armed with illegal and sophisticated weapons for his protection, the Court found that there was no ground to enlarge him 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," the Court further noted as it denied bail to him.

Case title - Mukhtar Ansari v. State Of U.P. Thru. Prin. Secy. Home Lko [CRIMINAL MISC. BAIL APPLICATION No. - 1776 of 2022]

Case citation: 2022 LiveLaw (AB) 338

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