Institute of Legal and Management Studies

While hearing his bail plea in a UP Gangsters Act case, the Supreme Court today modified Uttar Pradesh MLA Abbas Ansari's interim bail conditions and allowed him to stay at his Ghazipur residence for 3 nights whenever he travels from his official residence in Lucknow to his constituency (ie Mau).

"Having regard to difficulties being experienced by petitioner (Ansari) while visiting his constituency, clause 2, para 6 of order dt. 7 March is modified to the limited extent that when petitioner visits his constituency, he may stay in the night at his residence in Ghazipur. But such stay will not be for the purpose of any public meeting at the residence. Such stay of the petitioner at Ghazipur shall not exceed 3 nights (initially)", the Court ordered.

For context, while granting interim bail to Ansari in March, the Court had directed that he shall stay at his official residence in Lucknow. Only travel to the MLA's constituency, ie Mau, was permitted subject to prior intimation to the Trial Court and district police.

Today, a bench of Justices Surya Kant and N Kotiswar Singh was informed of certain difficulties being faced by Ansari on account of the bail conditions.

Senior Advocate Kapil Sibal, for Ansari, told the bench that since the grant of interim bail, Ansari had not travelled outside Lucknow. On the other hand, Additional Solicitor General KM Nataraj submitted that in terms of the earlier order, a status report had been filed in sealed cover.

Perusing the report, the Court was of the view that there was nothing confidential in it and it could be shared with the petitioner's counsel. The ASG, on his part, also offered to do the same.

Justice Kant noted that the only issue highlighted in the report seemed to be related to Ansari's non-appearance in ongoing criminal proceedings (in other cases), because of which trials are apparently getting delayed. The judge remarked that the non-appearance could be due to the bail conditions imposed by the Court.

Directing that the status report be shared with Ansari's counsel, the Court called for a reply-affidavit.

After the order was dictated, Sibal requested the Court to re-consider the bail conditions imposed on Ansari, requesting that he be allowed to stay at his Ghazipur residence whenever he travels to his constituency Mau (40 kms from Ghazipur). In support of the concession, it was submitted that Lucknow is over 300 kms away from Mau, and as such, travelling back on the same day is cumbersome for the MLA. "Since your lordships have said I can only go to constituency, I can't go to my home...[if I go to constituency] how do I stay? where do I stay? I will have to come back", Sibal urged.

Initially, Justice Kant expressed that it's better if Ansari does not visit Ghazipur for some time and that his family can meet him in Lucknow. Subsequently, however, the bench accommodated the request and permitted Ansari to stay at his Ghazipur residence, subject to conditions. When Sibal claimed that setting a cap of 3 nights on the stay was not fair, while pointing out that Ansari had not misused the earlier concession, Justice Kant replied, "Nobody spends this much time in constituency. 3 nights we are permitting".

Case Background

On 31.08.2024, an FIR was lodged against Ansari and others at PS Kotwali Karvi, District Chitrakoot under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986. It was based on receipt of information that the accused had formed a gang for financial and other benefits, and they were putting persons in fear, assaulting them and extorting money.

Initially, when Ansari moved the Supreme Court seeking bail, his plea was rejected, noting that he must first approach the High Court. Subsequently, the UP MLA filed a bail application before the High Court, but the same was dismissed on December 18, 2024.

The High Court dismissed Ansari's bail plea, observing inter-alia that (i) he was shown to be the leader of a gang registered at the district level, (ii) he had 10 other cases registered against him (including one under PMLA), and (iii) the investigation being pending, there were chances of tampering. Aggrieved by this dismissal and seeking bail, Ansari then approached the Supreme Court.

On March 7, the top Court granted Ansari interim bail in this case, while imposing stringent conditions. He was directed to stay at his official residence in Lucknow and his travel to his constituency Mau was made subject to prior intimation to the Trial Court and district police. The Court further directed that Ansari shall not make any public statement in respect of sub-judice cases.

Case Title: ABBAS ANSARI v. STATE OF UTTAR PRADESH, SLP(Crl) No. 1091/2025