The Allahabad High Court has recently denied bail to an accused saying that he is a member of the most dreaded criminal gang in India i.e., the gang of Mukhtar Ansari. The accused was booked in a 2010 murder case in Mau District in which the jailed gangster-turned-politician is also accused.

A Single Bench of Justice Dinesh Kumar Singh said, “The accused applicant is a dreaded criminal and member of most dreaded criminal gang of India i.e. gang of Mukhtar Ansari. The accused applicant is facing several criminal cases of heinous offences. … Acquittal of a criminal in henious offences shakes the public confidence in criminal justice delivery system.”

The Bench noted that once the witnesses are not able to depose correctly in the court of law, it results in a low rate of conviction, and many times even hardened criminals escape the conviction.

Advocate Hirdesh Kumar Yadav appeared for the accused while Additional Government Advocate Ratnendu Kumar Singh appeared for the State.

In this case, a bail application under Section 439 of the Cr.P.C. was filed with a prayer to grant bail to the accused/applicant arising out of a case registered under Sections 147, 148, 149, 302, 120B, and 34 of the I.P.C. and Section 7 of the Criminal Law Amendment Act and Sections 25 and 27 of the Arms Act.

The High Court in view of the above observed, “Merely since the accused has been acquitted as the witnesses have turned hostile in some of the cases, his criminal history, does not get evaporated. Such a criminal, if allowed to come out of jail, he would certainly be in a position to influence the witnesses and free, fair and truthful deposition of the witnesses, would be an impossible.”

The Court, therefore, did not find any substance in the submission of the counsel for the accused that he should be enlarged on bail as the acquittal has been secured.

Accordingly, the Court denied bail to the accused.

Cause Title- Ramu Mallah v. State of U.P.

Click here to read/download the Order