MUKHTAR ANSARI V. STATE OF U.P. THRU. PIN. SECY. On 19 July 2022.

CASE:- MUKHTAR ANSARI V. STATE OF U.P. THRU. PIN. SECY. 

On 19 July 2022.

Citation	369 of 2021.
Date of Judgement	19 July 2022.
Court	High Court of Judicature, Allahabad, Lucknow Bench.
Case type	Criminal appeal no. 1776 of 2022.
Appellant	Mukhtar Ansari.
Respondent	State of U.P.
Bench	Dinesh Kumar Singh.
Referred	302, 506, 120(B), 307, 147.

FACTS OF THE CASE

In the case Mukhtar Ansari v. State of U.P., the vehicle that was earlier recovered by an individual named as Mohali, who lives in Punjab. An accused applicant has been using this vehicle and the supporters were going to the jail to the court. His supporter would travel with weapons to guide him, and travelled in an ambulance.

We can say that it is a tragedy of the Republic of India and the largest stain on the democracy of India. Against co-accused FIR was registered. Therefore, the name of the accused applicant has been figured out during the investigation and also the real beneficiary and the vehicle that was said to be used was also found out. According to the allegations that were in the FIR, the ambulance was registered in the Road Transport Office in Barabanki. The name of the co-accused person is Dr. Alka Rai. He said that the vehicle was purchased under the name of Dr. Alka Rai only. But, actually in that place any person is not exist of this name exists. And, he also that Dr. Alka Rai was pressurized and payment was apparently made by him. But, actually other person lived nearby named as Pradeep Mishra with his family. The application has been present under section 439 of the Criminal Procedure Code and filed the bail under FIR No. 369 of 2021, under the section 120(B), 177, 419, 420, 468, 467 and 506 of India Penal Code and also under Criminal Law Amendment Act of section 7.

ISSUES RAISED

Q. Whether the petitioner gets the chance to win the election in the current year after observing the nexus between politics and crime?

CONTENTION OF THE PETITIONER

A petitioner in this case is known to be a “Mafia” or we can say a gangster. In the legislative assembly he was re-elected five times in the Mau Constituency in the state of Uttar Pradesh and also he went three times in a jail. There are many cases in his credit i.e. fourteen cases of murder under 307 of Indian Penal Code and under section 302 with 364-A and also has fifty-six cases of crime.

He is well known as he has done a lot of cases of crime and he was known as Bahubali of Uttar Pradesh. He forced Dr. Alka Rai to sign on that blank paper of that vehicle i.e. ambulance that was hired by the accused applicant.

CONTENTION OF THE RESPONDENT

The respondent i.e. Dr. Alka Rai has been said in her statement that she was under the pressure and fearfully or forcefully signed on the paper that was brought by the man and on the blank letter pad her signatures has been taken that was of hospital, seal was also included. She said that she met that accused applicant in the jail also, so she signed those papers forcefully in fear and tear.

She found that the man who brought the paper of the vehicle that was of accused applicant and were going to the court located in Mohali in Punjab. Also after, she said that on news channel it was declared for the disclosure of the incident that took place.

Men tell her to say required things only in front of the police if they ask anything about the incident. If anything has been asked by the agency of the investigation she will be saying lie to them because if she says all the truth and not doing the work according to what was said by him  then her hospital will be in danger and she will be finished. That’s why she has to do what has been said to him.

JUDGEMENT OF THE CASE

For the applicant, Sri Arun Sinha learned Council and Sri Anurag Verma, taught about Additional Advocate General to Sri V.K. Shahi and also perused the record by learning A.G.A.

Under section 439 of Criminal Procedure Code, the present application has filed, bail in FIR No. 369 of 2021, under 120(B), 177, 506 of the Indian Procedure Code, 419, 420, 467, 468, and the section 7 of Criminal Law Amendment Act. It was located in the Barabanki district near police station, at Kotwali Nagar. Accused applicant has submitted the bail application which was rejected by the Special Judge (MLA/MP) or the ADJ i.e Additional District Judge in the court no. 4 in the district of Barabanki on the date of 13-12-2021.

For the parliament it is a responsibility to provide the will in collective way for the criminals those who are restrain those who entering in the politics and legislature for saving democracy of the India and the democratic principles governed by the country and also the aspects, no grounds has been found by the court to expand the bail of the accused applicant. Hence, the bail application has been rejected by the court.  

CONCLUSION

It was concluded that the bail application that was presented by the accused application has been rejected by the court. The accused applicant developed fear in the hearts and minds of the people by that, people don’t even dare to refuse him and his politics and his guards. If the bail has been expanded for the accused applicant then it cannot be ruled out. There was no ground left to grant him bail.

REFERENCE

• https://indiankanoon.org/ 

This article was written by Anjali Agarwal, a student of GLA University and an intern in Legal Vidhiya.