Allahabad High Court

MAHTABversusSTATE OF U.P.

Decided: 29 September 2026
Bench: GAUTAM CHOWDHARY

Holding

The court held that the applicant had made out a case for bail and therefore granted bail subject to conditions.

Summary

The High Court considered a second bail application filed by Mahtab, who had been in custody since 29 June 2025 in a case under Sections 123, 70(1) and 351(2) of the B.N.S. The applicant claimed innocence, arguing that the victim's statements recorded during trial did not support the prosecution's version. The State opposed bail, contending that the applicant's innocence could not yet be determined. After reviewing the record and submissions, the Court, without expressing an opinion on the merits, concluded that the applicant had made out a case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and several conditions aimed at preventing tampering with evidence or intimidation of witnesses. The Court also warned that breach of any condition could lead to cancellation of bail.

Issues considered

Whether the applicant is entitled to bail despite the prosecution's case and pending trial
Whether the statements of the victim undermine the prosecution's case sufficiently to justify bail

Legislation cited

B.N.S. — s. 123, 351(2), 70(1)

Subjects

bail
criminal procedure
evidence
false implication
conditions of bail
presumption of innocence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 20185 of 2026

Mahtab
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Prem Narayan Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the
State and perused the entire material available on record.

2. This is the second bail application filed by the applicant. First bail
application was dismissed by this Court vide order dated 12.01.2026
passed in Criminal Misc. Bail Application No.38074 of 2025.

3. Heard learned counsel for the applicant, Mr. Prem Narayan Singh,
learned counsel for the informant, learned A.G.A for the State and
perused the record.

4. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the present
case. Learned counsel further submits that by the efflux of time, trial
began and during the trial, the statement of P.W.1,-victim were
recorded and they have not supported the prosecution version, copy
of their statements are annexed as Annexure-SA1 to the
supplementary affidavit, which has been filed today in the Court and
is taken on record. He thus submits that no offence against the
applicant is made out. Several other submissions in order to
demonstrate the falsity of the allegations made against the applicant
have also been placed before the Court. The circumstances which,
according to the counsel, led to the false implication of the accused
have also been mentioned. It has also been assured on behalf of the
applicant that he is ready to cooperate with the process of law and
shall faithfully make himself available before the court whenever
required and is also ready to accept all the conditions which the Court
may deem fit to impose upon him. He next submits that applicant is
BAIL No. 20185 of 2026
2

languishing in jail since 29.06.2025.

5. Per contra, learned A.G.A. as well as learned counsel for the
informant have opposed the prayer for bail of the applicant by
contending that the innocence of the applicant cannot be adjudged at
this stage, therefore, he does not deserve any indulgence.

6. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of evidence,
and all attending facts and circumstances of the case, without
expressing any opinion on merits of the case, this Court is of the view
that the applicant has made out a case for bail. Hence the bail
application is allowed.

7. Let applicant Mahtab involved in Case Crime No.13 of 2025 under
Sections 123, 70(1), 351 (2) of B.N.S., Police Station Baghpat,
District Baghpat, be released on bail on furnishing a personal bond
and two heavy local sureties each of the like amount to the
satisfaction of the court concerned subject to the following condi
tions:-

A. The applicant shall not tamper with the evidence during the trial.

B. The applicant shall not pressurize/ intimidate the prosecution
witness.

C. The applicant shall appear before the trial court on the date fixed,
unless personal presence is exempted.

D. The applicant shall not commit an offence similar to the offence of
which he is an accused, or suspected, of the commission of he is
suspected.

E. The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case
so as to dissuade them from disclosing such facts to the Court or to
any police officer or tamper with the evidence.

8. In case of breach of any of the above condition, the trial Court shall
be at liberty to cancel the bail of the applicant in accordance with law.

September 30, 2026
Priyanka
(Dr. Gautam Chowdhary,J.)

Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad

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