The Allahabad High Court in the case RamuMallah vs. State of U.P observed and has terming ‘Mukhtar Ansari Gang’ as the most dreaded criminal gang of India, the court denied the bail to an alleged Ansari gang member in a murder case.
The bench comprising of Justice Dinesh Kumar Singh in the case observed while denying bail to a murder accused (one RamuMallah), who being an alleged member of the Mukhtar Ansari Gang.
The bail plea was opposed by RamuMallah’sby the government wherein it is argued that he being a member of the Mukhtar Ansari gang and that an FIR has been registered against RamuMallah under serious sections which includes murder, Arms Act.
It has also been noted by the court that in the instant case, Mukhtar Ansari and others are also being accused. Further, it has been called by the court it ‘strange’ thatin the year 2013 a co-ordinate bench had enlarged Mallah on bail. However, the court observed that the accused applicant not only strategically absconded during the trial in the case but has also played fraud with the Court by giving of the false and incorrect address on the bail application or the supplementary affidavit on behalf of the accused applicant and submitted forged certificate of Village Pradhan.
It has also been observed by the said court that for a sound, robust, free and a fair criminal system a free, frank, and fearless deposition of witnesses is of utmost importance.
The court also noted that because of threats to life, the reputation, the property of witnesses or family members or their being harassment or intimidation by or on behalf of the accused, the witnesses turn hostile and the accused go scot-free, further, it has been stated by the bench further tressed that 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. It has also been opined by the court that once the witnesses are not being able to depose correctly in the court of law, it resulted in low rate of conviction and many times even being the hardened criminals escape the conviction and that acquittal of a criminal in henious offences shakes the public confidence in the delivery system of criminal justice.
