This court rejected a bail application for Mokhtar Ansari, a notorious gangster accused under the U.P. Gangster Act. The court proceeded on merit despite a withdrawal prayer, citing his heinous criminal record, lack of convictions, and role as a gang leader to justify denying bail.
Bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11290 of 2022
Applicant :- Mokhtar Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh, J.
2
2 of 6
3
workers, as a result thereof one worker, Ram Iqbal S/o Mohan died on the spot. Pachu S/o Ramjatan got seriously injured and received several fire arm injuries. This incident created an atmosphere of helter skelter. People got scared and terrified. In respect of the said offence, Case Crime No.20 of 2014, under Sections 147, 148, 149, 302, 307, 506 and120-B IPC and Section 7 Criminal Law Amendment Act was lodged and after completion of the investigation, charge sheet no.24 dated 14.5.2014 and other charge sheets were filed. Gang chart was approved by the District Magistrate.
2. Case Crime No.169 of 1986, under Section 302 IPC,
3. Case Crime No.106 of 1988, under Section 302 IPC,
4. Case Crime No.410 of 1988, under Sections 147, 148, 149, 302 and 307 IPC,
5. NCR No.233 of 1988, under Sections 504 and 506 IPC,
6. Case Crime No.124 of 1990, under Sections 364, 395 and 397 IPC,
7. Case Crime No.399 of 1990, under Sections 147, 148, 149 and 307 IPC,
8. Case Crime No.682 of 1990, under Sections 147 and 506 IPC,
9. Case Crime No.266 of 1990, under Sections 467, 468, 420, 120-B IPC,
10. Case Crime No.44 of 1991, under Section 302 IPC,
11. Case Crime No.172 of 1991, under Sections 147, 148 and 302 IPC,
12. Case Crime No.294 of 1991, under Sections 307 and 302 IPC,
13. Case Crime No.229 of 1991, under Sections 147, 148, 149 and 302 IPC,
14. Case Crime No.456 of 1993, under Sections 365 and 387 IPC,
15. Case Crime No.503 of 1993, under Section 5 TADA,
16. Case Crime No.834 of 1995, under Sections 353, 504 and 506 IPC,
17. Case Crime No.165 of 1996, under Sections 323, 352 and 307 IPC,
18. Case Crime No.192 of 1996, under Section 3(1) U.P. Gangster Act,
3 of 6
4
19. Case Crime No.264 of 1996, NSA,
20. Case Crime No.237 of 1996, under Sections 120, 135, 136 Lo.Pra.Adhi.;
21. Case Crime No.19 of 1997, under Sections 364A, 365, 302, 120-B and 34 IPC;
22. NCR No.19 of 1997, under Section 506 IPC,
23. Case Crime No.121 of 1997, under Section 364A IPC;
24. Case Crime No.377 of 1997, under Section 506 IPC;
25. Case Crime No.58 of 1998, NSA;
26. Case Crime No.33 of 1999, NSA;
27. Case Crime No.17 of 1999, under Section 506 IPC;
28. Case Crime No.60 of 1999, under Sections 419, 420, 109 and 120-B IPC;
29. Case Crime No.106 of 1999, under Sections 307, 302 and 120-B IPC;
30. Case Crime No.126 of 1999, under Section 506 IPC;
31. Case Crime No.428 of 1999, under Section 2/3 U.P. Gangster Act;
32. Case Crime No.66 of 2000, under Sections 147, 336, 353 and 506 IPC;
33. Case Crime No.209 of 2002, under Section 3/7/25 Arms Act;
34. Case Crime No.131 of 2003, under Sections 353, 504 and 506 IPC;
35. Case Crime No.9A of 2004, under Sections 147, 148, 149, 307 IPC;
36. Case Crime No.808 of 2004, under Sections 147, 148, 149, 393, 307, 507,
37. Case Crime No.493 of 2005, under Sections 302, 506 and 120-B IPC;
38. Case Crime No.589 of 2005, under Sections 147, 148, 149, 302, 307, 404,
39. Case Crime No.1580 of 2005, under Sections 147, 148, 149, 302, 435, 436, 153A IPC;
40. Case Crime No.1051 of 2007, under Section Gangster Act;
41. Case Crime No.361 of 2009, under Sections 302, 120-B IPC and Section 7 Criminal Law Amendment Act;
42. Case Crime No.1182 of 2009, under Sections 307, 506 and 120-B IPC;
43. Case Crime No.66 of 2009, under Section 3 Makoka Act;
44. Case Crime No.1866 of 2009, under Sections 147, 148, 149, 307, 302, 325, 404, 120-B IPC and Section 7 Criminal Law Amendment Act;
4 of 6
5
45. Case Crime No.399 of 2010, under Sections 302, 307, 120-B, 34 IPC, Section 7 Criminal Law Amendment act and Section 25 Arms Act;
46. Case Crime No.482 of 2010, under Section 3(1) U.P. Gangster Act;
47. Case Crime No.891 of 2010, under U.P. Gangster Act;
48. Case Crime No.20 of 2014, under Section 147, 148, 149, 302, 307, 506, 120-B IPC and Section 7 Criminal Law Amendment Act;
49. Case Crime No.05 of 2019, under Sections 386 and 506 IPC;
50. Case Crime No.04 of 2020, under Sections 419, 420, 467, 468, 471, 120B IPC Section 30 Arms Act;
51. Case Crime No.160 of 2020, under Section 3(1) U.P. Gangster Act;
52. Case Crime No.236 of 2020, under Sections 468, 471, 120-B IPC and Section 3 Sa.Sa.Nu, Adhi;
53. Case Crime No.55 of 2021, under Section 3(1) U.P. Gangster Act;
54. Case Crime No.369 of 2021, under Sections 419, 420, 467, 468, 471, 120B, 506, 177 IPC and Section 7 Criminal Law Amendment Act;
55. Case Crime No.121 of 2021, under Section 25/26 Arms Act;
56. Case Crime No.185 of 2021, under Sections 419, 420, 467, 468, 471 and 120-B IPC;
57. Case Crime No.287 of 2022, under Section 3(1) Gangster Act; and
58. Case Crime No.08 of 2022, under Section 3(1) Gangster Act.”
5 of 6
6
(Dinesh Kumar Singh, J.)
Order Date :- 6.1.2023 Rao/-
6 of 6
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail ought to be granted to the accused who is a notorious gangster facing heinous charges under the U.P. Gangster Act.
Whether the alleged practice of bench-avoiding justifies rejecting the application simplicitor or proceeding on merit.
Colour shows how this judgement treated each authority
Fatehchand Himmatlal and others vs State of Maharashtra and othersReferred¶5
Fatehchand Himmatlal and others vs State of Maharashtra and others, (1977) 2 SCC 670 · Who else cites this
Subrata Roy Sahara Vs. Union of India and othersReferred¶6
Subrata Roy Sahara Vs. Union of India and others, (2014) 8 SCC 470 · Who else cites this
2 provisions across 2 enactments
Mokhtar Ansari
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
