Allahabad High Court denies bail to MLA Abbas Ansari in case over wife's unrestricted jail access

The Allahabad High Court on Wednesday denied bail to Uttar Pradesh Member of Legislative Assembly (MLA) Abbas Ansari in a case alleging that his wife had been visiting him in jail without complying with the formalities [Abbas Ansari vs State of UP]..Justice Jaspreet Singh said the Court was not inclined to grant Ansari bail at this stage as the eye-witnesses and policemen were yet to be examined in the case.“Considering the profile and the background of the applicant and his family antecedents, the allegations may not be completely without substance,” said the Court..The Court added that if the jail authorities granted such unrestricted access to Ansari’s wife for monetary reasons or under threat, it can well be imagined how he can "effectively garner power" to influence the witnesses. It also said that Ansari holds a responsible position and his conduct had to be of a higher standard than others.“The members of the Legislative Assembly are also the law makers and in juxtaposition, it is not appropriate that a law maker may be seen as a law breaker,” the Court said..Ansari, an MLA from Mau Assembly, was booked last year by Uttar Pradesh Police after it was allegedly found that his wife along with her driver had been visiting him inside the jail for hours without any restrictions.It has also been alleged that Ansari would use the mobile phones of his wife to threaten the witnesses and officials connected to the cases pending against him. According to the prosecution, Ansari would also threaten persons to extort money from them..Seeking bail in the case, Ansari argued that no offence was made out against him as the allegations were primarily against his wife and other accused including police officials and jail authorities. It was also submitted that all the co-accused including Ansari’s wife have been granted bail in the case. Except for the money laundering case, he has been granted bail in all other cases, the Court was told..However, the State opposed the bail plea and argued that Ansari’s wife Nikhat had been granted bail by the Supreme Court on the sole consideration of her being a mother with a one-year-old child.Considering the submissions, the Court observed that jail authorities do not normally grant such unrestricted access as was granted to Ansari’s wife at his asking. "The recovery of two mobile phones from the wife of the applicant who was found in the Jail premises in a room where she could not have access unless the Jail Authorities turned a blind eye," it added..Finding that there was a prima facie complicity of Ansari in the case, the Court rejected the bail plea. However, it directed the trial court to expedite the trial.“The prosecution State shall also ensure that they do not seek any unnecessary adjournments for examining of the witnesses,” said the Court..Advocates Pranjal Krishna, Arun Sinha, Pranjal Krishna and Siddhartha Sinha represented Ansari[Read Order]