'Most Dreaded Gang Of India': Allahabad HC denies bail to member of Mukhtar Ansari Gang in murder case

The Allahabad High Court recently rejected the bail application moved by a member of the Mukhtar Ansari gang in a murder case. Accused Ramu Mallah is facing prosecution under Sections 147, 148, 149, 302, 120B, 34 of IPC and Section 7 of the Criminal Law Amendment Act and Sections 25/27 of the Arms Act.

Court laid emphasis on Mallah's involvement with Mukhtar Ansari's gang. Court said, "The accused applicant is a dreaded criminal and member of the most dreaded criminal gang of India i.e. gang of Mukhtar Ansari".

Court also refuted the argument put forth by Mallah's counsel that since he had been acquitted in some other criminal case, therefore, he should be enlarged on bail in the present case.

Court underscored that Mallah could secure acquittal in the said cases only because the witnesses had turned hostile.

The bench of Justice Dinesh Kumar Singh said, "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 impossible".

Mallah is facing several criminal cases of heinous offences. In the present case, besides him, Mukhtar Ansari and others are also accused.

In this murder case, the high court had granted bail to Mallah in 2013, however, when Ansari sought bail, the high court rejected his plea in 2019 while expediting the trial and directed for its early conclusion.

After the high court's order, Mallah absconded. The non-bailable warrants issued against him remained unserved and when the proceedings under Section 82/83 CrPC were undertaken against him, it was found that the address given by him was false address and he was never residing at the said address.

Court took note of these facts and while underlining the importance of witnesses' protection and support for their free, frank and fearless deposition, court rejected Mallah's plea.

"For a sound, robust, free & fair criminal justice system, free, frank and fearless deposition of witnesses is of utmost importance. Free and fair trial and preservation of rule of law, is not possible, if the State does not give witnesses protection and support for their free, frank and fearless deposition. In India, it has been witnessed that because of threats to life, reputation, property of witnesses or family members or their harassment or intimidation by or on behalf of the accused, the witnesses turn hostile and accused go scot free," Court said.

Case Title: Ramu Mallah v. State of UP