Possibility Of Tampering With Evidence And Influencing Witness Cannot Be Ruled Out - Allahabad HC Rejects Bail Plea Of Mukhtar Ansari
Justice Dinesh Kumar Singh of the Allahabad High Court rejected the bail plea of Mukhtar Ansari in the Ambulance Case holding that – "If the accused-applicant is enlarged on bail, the apprehension of the prosecution that he would tamper with the evidence and influence the witnesses, cannot be ruled out."
The Bench also expressed that – "It is irony and tragedy of the Indian republic and biggest scar on Indian democracy that criminals like the present accused-applicant are the law-makers."
In this case, the Applicant-Accused is alleged to have threatened a practicing doctor and obtained an ambulance on her name, with the intention to use the vehicle for escort. The ambulance is alleged to have been used to carry arms and men of the Applicant-Accused to escort him from jail to court. Further, the said ambulance was found being run without fitness and insurance.
The Accused is a known Mafia, Don & Gangster who was elected to UP's Legislative Assembly five times, three times while he was in jail. There are as many as 56 criminal cases including 14 murder cases u/s 302 along with 364-A and 307 of IPC.
Sri Arun Sinha, Senior Advocate appeared on behalf of the Applicant-Accused and Sri V.K.Shahi, Additional Advocate General represented the State.
Relying on Harjit Singh Vs. Inderpreet Singh and others, (2021) the Bench observed that the bail plea of the accused granted by the High Court was cancelled by the Apex Court in view of the accused's criminal antecedents.
The Bench also took note that of Brijmani Devi Vs. Pappu Kumar and another (2022) where the Apex Court held that while considering a bail application, due consideration is to be given to criminal antecedents of the accused.
In view of the above, the bail plea was dismissed.