The Allahabad High Court has rejected the bail application of gang leader MLA Abbas Ansari in the Gangster Act case registered in Chitrakoot, Karvi.
A Single Bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Bail Application filed by Abbas Ansari.
The bail application under Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant Abbas Ansari with the prayer to release him on bail in Case under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Karvi, District Chitrakoot, during the pendency of trial.
The applicant has filed a Special Leave to Appeal (Criminal) (Abbas Ansari vs State of Uttar Pradesh) before the Apex Court seeking regular bail in Case at Police Station Karvi Kotwali Nagar, District Chitrakoot with which Writ Petition (Criminal) seeking bail in FIR registered at Police Station Kotwali, Chitrakoot was connected and both the matters were disposed of by an order dated 18.10.2024 by the Apex Court in which the applicant therein was granted bail in Case whereas, the writ petition filed by him was disposed of with the directions that the petitioner may first approach the High Court for grant of bail and High Court was requested to decide the bail application on priority basis positively within a period of four weeks from the date filing of such petition.
The facts of the case are that the first information report was lodged on 31.08.2024 by Upendra Pratap Singh Sub-Inspector, Police Station Kotwali Karvi, District Chitrakoot under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 against Abbas Ansari (present applicant), Navneet Sachan, Niyaz Ansari, Faraz Khan and Shahbaz Alam Khan with the allegation that on 31.08.2024, he was on his routine duty of maintaining law and order for the forthcoming Amawashya Mela on which, he met some persons, who informed him that the accused persons have formed a gang for financial and other benefits. They put persons in fear and extort money and assault them due to which, fear and terror is there within the area of the police station concerned.
Against the gang leader Abbas Ansari and other active members, a case as Case under Sections 387, 506, 201, 120-B, 195-A, 186, 511, and 34 IPC, Section 8 of the Prevention of Corruption Act, 1988, Section 42(b) / 54 of the Prisons Act and Section 7 of the Criminal Law (Amendment) Act, Police Station Kotwali Karvi District Chitrakoot is registered in which after investigation a charge sheet dated 10.04.2023 and 159(C) of 2023 dated 22.05.2023 have been filed in Court which is pending before the Court.
There is terror amongst the public and due to fear and terror, no one is ready to give evidence against them. The gang along with his leader and active members, if left, would be prejudicial to the society. The act is covered under Section 2(kha) (1)(11)(25) punishable under Section 3 of the Gangsters Act.
The gang is also registered at the district level as Gang of which Abbas Ansari is the gang leader and the other persons are its active members. A gang chart has also been approved by the District Magistrate, Chitrakoot on 29.08.2024.
A gang chart was prepared on 28.08.2024 which was duly approved by the District Magistrate, Chitrakoot on 29.08.2024 showing the applicant as a gang leader whereas the other four accused as the gang members who were stated to be involved in Case.
It was further mentioned that a charge sheet in the matter has been submitted which is pending before the court concerned. Further insofar as, the applicant is concerned, the gang chart also states that the applicant is involved in 9 other criminal cases.
The Court observed that,
After having heard the counsels for the parties and perusing the records, it is evident that the applicant has sought bail in a case lodged against him under the Gangsters Act in which he has been shown as a gang leader of a gang. There are four other members of the gang who are stated to be active members. The gang is a duly registered gang with the government within the district. The applicant is a Member of Legislative Assembly (MLA). The applicant has criminal antecedents and there are in all 11 cases including the present case against him. The cases are of various natures including offence under PMLA.
The nature of the case is such in which even Officers of jail facilitated his wife and driver to spend time privately with him in their office which was against the law, rules. The status of the applicant-accused as an MLA does not at all call upon him to indulge in criminal activities and acts against law, rules and procedure. The investigation in the matter is pending in which evidence is yet to be collected, subsequent to which it shall conclude. There are good chances of the applicant tempering with the investigation. There are also good chances of the applicant of repetition of offence looking to the criminal antecedents as reported against him which show his involvement in various cases. The involvement in various cases possesses potential threat to the life and liberty of witnesses and public.
“After considering the facts of the case and the other relevant facts as stated above, the law regarding consideration of prayer for bail in a case of such nature and also the fact that the investigation is still pending in the matter and also the fact that the applicant is in jail in the matter since 06.09.2024, no ground for interference is made out,” the Court further observed while rejecting the bail application.
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