CASE:-MOKHTAR ANSARI V. STATE OF U.P
(9TH JANUARY 2023)
Citation | 11290 0f 2022. |
Date of Judgement | 9th January 2023. |
Court | High Court of Allahabad. |
Case type | Criminal Misc. |
Appellant | Mokhtar Ansari. |
Respondent | State of U.P. |
Bench | Dinesh Kumar Singh. |
Referred | 147, 148, 149 307, 302, 120(B). |
FACTS OF THE CASE
It was heard that for the applicant, Sri Upendra Upadhyay has learned the counsel and also for AGA Rajesh Mishra and Sri Rathendu Kumar learned this and record has been pursued. Under section 439 of the Criminal Procedure Code, the current application was filed on 4th October 2021 doing the bail in case FIR under section 3(1) of the state of U.P. gangster and the prevention act of district Azamgarh.
In this case, there were gang who had committed crime over the patrol of the police men. This incident has made the environment a helter-shelter. People of the village where those gang stayed there and on the workers they fired them from the automatic weapon. The people got terrified and scared with that gang. In respect of this case, the case crime was put under section 148, 147, 149, 302, 307, 120(B) of the Indian Penal Code and 506 and section 7 of the Criminal Law Amendment Act. The District Magistrate approves the gang chart.
Therefore, the gangster has done a open firing from the automatic weapon upon the workers of the villagers due to which one person has been dead and others get injuries due to strike of the terror and fear and also the members of the gang gave a message to the workers that no one will take the contract of the work by the government in this area.
ISSUES RAISED IN THE CASE
Q. under section 419, to challenge the judicial system like of white collored criminal who has done a lot of crime is undefeated or not?
CONTENTION OF THE PETITIONER.
The application was present on the date 6th October 2020 of the accused applicant. There was a patrol duty of police in which inspector, Swatantra Kumar Singh was in-charge and looking for wanted criminals and also for vehicles and many more things. Overall they were on duty. The accused applicant was the leader of the gang. The members including the leader of that gang were committed a hilarious offences or cases such as abduction, loot ransom, murder and many more.
For the benefit of their wealth they like to become financially and economically better. Due to the cases of crime the problem has been raised by law and order. They have entered into a village named Esa Kala Pokhare. And at around 1920 hours work was completed by them in the village, they made an automatic weapon and killed the workers of that village with the automatic weapon and all the villagers became fearful and scared. The members of the gang have spread the terrorism in the village. District magistrate approved the gang chart and other sheets of the case have been filed.
CONTENTION OF THE RESPONDENT
The court has rejected the bail application that was represented by the accused applicant at the district Mau of the Sarai Lakhansai police station and has said that the accused applicant is an ill- famed criminal. In northern India he has been called as a “Robin Hood”. The court has taken a note against the accused applicant of the case that has been registered and also said that due to his criminal rich horoscope of accused applicant made him popular in the public society and due to which in the legislative assembly he continuously gets elected to six times. If we say that the presently accused applicant is not the gangster, then by saying this, no one in the country would be said to be a gangster.
JUDGEMENT OF THE CASE
By the consideration of the accused application who is rich in criminal horoscope and according to the allegations and putting the facts under the consideration it was found that in many of the cases the accused applicant may established or settled the liberation as the witness that convert into a hilarious because of the terror and the fear or we can say that the witness get rejected or eliminated.
Accordingly, the bail application was rejected by the court. A gangster or a Bahubali or a criminal, who is an accused applicant is not qualified on bail. The current offence has been done only with the purpose to strike terror and fear. Indian democracy has a ugly face because on the one hand, the person who has done many couple of the trials in the court and on the other hand that person only is get elected in the legislative assembly as representative in six consecutive days.
CONCLUSION
At the end of this case, it is concluded that the bail application has been rejected by the court. The offences committed by the gang and its leader are under chapter 16, 17 and 22 of the Indian Penal Code and we can say that they have a habit to commit crimes like this. Their motive was to spread only fear and terror not to kill anyone but to be killed by them due to which they got punished and the leader also punished and they have two faces. First one is a criminal side face and the another one is a representative in a legislative assembly and getting elected continuously six times.
REFERENCES
This article was written by Anjali Agarwal student of GLA University and intern in Legal Vidhiya.
