[Gangsters Act Case] SC Grants Interim Bail to UP MLA Abbas Ansari

The Supreme Court of India on Friday granted interim bail to Uttar Pradesh MLA Abbas Ansari, in a case registered against him under the Uttar Pradesh Gangster and Anti-Social (Prevention) Act, 1986.

A bench of Justices Surya Kant and N. Kotiswar observed that he is undoubtedly involved in multiple cases. However, he is currently on bail in all of them."…Taking into consideration the submissions made by both sides and in order to evaluate the conduct of the petitioner, we propose to release him on interim bail." the court ordered while imposing strict bail conditions.

At the outset, Senior Advocate Kapil Sibal told the court that a new FIR had been filed, similar to the previous FIR, which was quashed."They have filed the same FIR again. There are no witnesses, only police personnel. I have been granted bail in all the other cases—this is the last one, Milord," he added.

Countering Sibal's argument, Additional Solicitor General KM Nataraj, appearing for the State of Uttar Pradesh, said: "Please consider his conduct and the number of cases he has been involved in. He might have been granted bail, but ultimately, he is charged under the Gangsters Act. Witnesses will be threatened; he is an influential person. Four other accused are absconding. He is a threat to society."

The court had previously directed the UP Police to complete the probe against Ansari in a case under the Gangsters Act within 10 days. In January, the Top court had issued notice in Ansari's plea seeking bail.

Notably, on 18th October, the Apex court dismissed Ansari's plea for bail in a case registered under the UP Gangsters Act. However, the Court had granted him liberty to approach the High Court for bail, urging the High Court to decide the plea within 4 weeks of its filing.

On 19th December, the Allahabad High Court rejected Ansari's bail plea in a Gangsters Act case, noting that the investigation into the matter was ongoing and that the applicant was currently in jail in the present case.

Background

On 18th October, the Apex Court granted bail to Abbas Ansari in two separate cases—one related to money laundering and the other concerning his illegal meeting with his wife in jail. However, Ansari has yet to secure bail in a criminal case registered under the Gangsters' Act.

Previously, a of the bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan had sought the UP government's response while issuing notice in Ansari's plea seeking bail in the case concerning illegal meetings with his wife.

An FIR was registered on February 11, 2023, that Ansari's wife had been visiting him in Chitrakoot jail flouting all prison restrictions. She used to spend 3 to 4 hours inside the jail and allegedly, Ansari used to make calls from her phones to threaten various persons to extort money.

It was also alleged that Ansari was provided all sorts of benefits during his incarceration for which the officials of the jail were paid both in cash and kind. Moreover, it was claimed that the driver of Ansari's wife namely Niyaz along with the officials of the jail was planning to stage an escape of Ansari from the prison.

Upon surprise inspection by the District Magistrate and the Superintendent of Police, Ansari's wife was found in the room right adjacent to the room of the Jail Superintendent.

Following the incident, Abbas Ansari was transferred from Chitrakoot prison to Kasganj district jail. Seven persons, including Nikhat Ansari, were arrested in connection with the case. Nikhat was granted bail by the Supreme Court on August 11, 2023.

Case Title: Abbas Ansari vs. State Of UP