Allahabad High Court
MOTAB ALIAS MEHTAB ANSARIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Motab alias Mehtab Ansari was arrested in Crime No. 83 of 2025 under Sections 352, 351(4) and 64(1) of the B.N.S. for alleged offences including a later‑added rape allegation. The applicant contended that he was falsely implicated, had no prior criminal record, and that the victim’s rape claim was recorded only in a later statement without a medical examination. The State opposed bail, emphasizing the seriousness of the charges. The Court, considering the lack of incriminating material, the applicant’s clean record, the overcrowding of jails, and precedents on bail jurisprudence, granted bail without commenting on the merits. The order released the applicant on bail subject to a personal bond, sureties, and conditions to prevent tampering with evidence and ensure cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under Sections 352, 351(4), 64(1) of the B.N.S. and a later‑added rape allegation.
- Whether the absence of a rape allegation in the FIR and lack of medical evidence justify bail.
Legislation cited
- B.N.S. — s. 180, 183, 351(4), 352, 64(1)
Subjects
- bail
- false implication
- rape allegation
- overcrowded jails
- criminal procedure
- Sections 352
- Section 351(4)
- Section 64(1)
- Section 180
- Section 183
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35884 of 2025
Motab Alias Mehtab Ansari
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Sinha, Mir Sayed,
Mukesh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mukesh Kumar Pandey, learned counsel for the applicant
and Shri J.P. Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 83 of 2025, under Sections 352,
351(4), 64(1) of B.N.S., Police Station Sevrahi, District Kushi Nagar,
during the pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no
incriminating material against him. It is further submitted that there is no
allegation of rape in the first information report as well as in the statement
of the victim recorded under Section 180 of BNSS and the victim in her
statement recorded under Section 183 BNSS for the first time has stated
that the applicant committed rape on her and the victim has refused to
undergo internal medico legal examination. It is further submitted that the
victim is a major married lady having three children. It is further
submitted that the applicant is having no criminal history and the
applicant has been languishing in jail since 28.07.2025, in case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in
the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
BAIL No. 35884 of 2025
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5. There is no allegation of rape in the first information report as well as
in the statement of the victim recorded under Section 180 of BNSS and
the victim in her statement recorded under Section 183 BNSS for the first
time has stated that the applicant committed rape on her and the victim
has refused to undergo internal medico legal examination. It is further
submitted that the victim is a major married lady having three children. It
is further submitted that the applicant is having no criminal history and
the applicant has been languishing in jail since 28.07.2025.
6. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court
in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC
Online All 6765 regarding grant of bail and without expressing any
opinion on the merits of the case, I am of the opinion that the applicant is
entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Motab Alias Mehtab Ansari involved in the
aforementioned crime be released on bail, on his furnishing a personal
bond and two sureties each in the like amount, to the satisfaction of the
court concerned, with the following conditions:-
(i) 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 him from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
(ii) The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
BAIL No. 35884 of 2025
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(iv) The applicant shall attend in accordance with the conditions of the
bond executed by him.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
Verification of mobile number and Aadhaar card of the applicant as well
as sureties should be verified by the court concerned.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Kushi Nagar at Padrauna via e-mail or e-prison
portal within 24 hours in compliance of the order of the Apex Court in the
case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
10 SCC 685.
(Jitendra Kumar Sinha,J.)
September 8, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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