Supreme Court grants bail to MLA Abbas Ansari in case under UP Gangster Act, imposes conditions

A First Information Report (FIR) was lodged on August 31, 2024, at a police station in the state’s Chitrakoot district under sections 2 and 3 of the Gangsters Act against Ansari, Navneet Sachan, Niyaz Ansari, Faraz Khan and Shahbaz Alam Khan.

Appearing for Ansari, Senior Advocate Kapil Sibal said all the witnesses against him are police personnel and hence it cannot be said he will threaten them. He pointed out Ansari had been granted bail in all the other cases pending against him and that an FIR raising similar allegations against him, was quashed by the Allahabad High Court.

“See the chargesheet, it’s very interesting. There is no other witness except the police officers…only the police officers are witnesses but for what? They say that we heard that there is a gang operating. That’s all. Earlier FIR said the same time…it was quashed on non-application of mind… In all the cases that have been filed, I have got bail. This is the last one…It cannot possibly be that the Courts are granting us bail after bail. Obviously, there is something wrong with the way I have been prosecuted,” said Sibal.

Representing the UP Government, Additional Solicitor General K M Nataraj said the prosecution feared that the witnesses would be threatened. “Please see his conduct. Ultimately, the witnesses will be threatened. They are official witnesses, but nevertheless, they are also human beings. He can influence, he can threaten any person,” said Nataraj.

Nataraj pointed out that four of his co-accused were absconding, and urged the court to wait till at least two key witnesses are examined before giving him any relief. He said getting bail in other cases cannot be a ground for seeking relief in the present case and added that “he is a threat to society.”

However, Justice Kant asked, “How long will you keep him in jail?… We don’t want to put you under unfair pressure that complete the trial in a month because when you rush the trial, it leads to a lot of miscarriages for the victims of the crime. In our criminal jurisprudence which is accused-oriented, we have to look after the interests of the victims also.”

The bench said it will grant him relief for a couple of weeks and see how it goes. Judge Kant said since the witnesses are official, the court is not as worried as in the case of private witnesses in whose case such threats cannot be ruled out.

Nataraj said in cases like the present one under the Gangsters Act, there will be only official witnesses.

In its order, the court noted Ansari was arrested in the present case on September 6, 2024. He was arrested earlier on November 4, 2022, and though granted bail, could not be released as he was booked in the Gangsters Act case.