Supreme Court Grants Interim Bail To UP MLA Abbas Ansari In Gangsters Act Case

A bench of Justices Surya Kant and N Kotiswar Singh has imposed stringent bail conditions while giving interim relief to Ansari, including that he cannot leave Uttar Pradesh without prior permission of the Special Judge, Trial Court. He is directed to stay at his official residence in Lucknow and if he intends to travel to his constituency in Mau, prior permission from the Trial Court and district police will be required.  The Court has also directed Ansari to not make any public statement in respect of the sub-judice cases.

The matter is now listed after six weeks and the Court has asked for a status report on the progress of the trial.

Appearing for Ansari, Senior Advocate Kapil Sibal submitted that he has been granted bail in other cases. He stated that the FIR raising similar allegations against him was quashed by the Allahabad High Court but the Court granted liberty to file another FIR if required. He further stated that in the present case, the witnesses are all police officers. Therefore, it cannot be a case where he will threaten the witnesses.

"See the chargesheet, it's very interesting. There is no other witness except the police officers...only the police officers are witnesses but for what? They say, we heard that there is a gang operating. That's all. Earlier FIR said the same time...it was quashed on non-application of mind...All the cases that have been filed, I have got bail. This is the last one...It cannot possibly be that Courts are granting us bail after bail. Obviously, there is something wrong with the way I have been prosecuted," Sibal said.

Sibal added that all evidence has been collected.

Contrary to this, Additional Solicitor General KM Nataraj, for the State, vehemently opposed the bail plea on the ground that he is a very influential person and his influence can go to any extent. He added that Ansari is a threat to society and if released on bail, he will tamper with the evidence and threaten the witnesses. 

Nataraj pressed that the Court at least allow them to examine two or three key witnesses. On this, Justice Kant said: "How long will you keep him in jail? We don't want to put you in an unfair pressure that complete the trial in a month. It leads to a lot of miscarriage to the victims of the crime. In criminal jurisprudence which is accused-oriented, we have to keep the interest of the victims also."

Sibal countered saying: "All witnesses are police officers, how can I threaten them?".

Orally remarking that even police officers can be threatened, Justice Kant stated that since four co-accused are absconding, which may delay the trial, Ansari can be released on interim bail. He added that the Court will restrict his movements. Regarding the likelihood of threatening the witnesses, Justice Kant remarked that since these are not private witnesses, the Court is not worried so much.

The present special leave petition is filed against the Allahabad High Court's order dismissing his bail on December 18, 2024. The High Court rejected his bail plea on grounds that there is evidence that he is part of a gang operating at the district level, he has criminal antecedents against him, and there are chances that he would tamper with the evidence and threaten the witnesses. 

Prior to this order, Ansari had first approached the Supreme Court for bail. However, his plea was not entertained and he was directed to approach the High Court first.

Case Details: ABBAS ANSARI v. STATE OF UTTAR PRADESH, SLP(Crl) No. 1091/2025