Mehtaab Hashmi @ Mehtaab @ Mahtaab vs State of U.P. Thru. Secy. Deptt. of Home Lko.

By means of this application, the applicant, who is involved in Case Crime No. 224/2025, Under Section- 137(2), 351(3), 87, 61(2), 64(1), 126(2) Β.N.S. (Corresponding Section of I.P.C. 363, 506, 366, 120-B, 376, 341 I.P.C.), Police Station- Gauriganj, District- Amethi, is seeking enlargement on bail.

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Brief facts of the case are that an F.I.R. dated 01.07.2025 under Section 137(2) B.N.S. (old Section 363 I.P.C.) was lodged against the unknown person alleging therein that 17 years old daughter of the informant Kajal had left the home on 01.07.2025 at around 12 O’clock, but she had not returned home.

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The Police after recording the statement of the alleged victim Kajal has added sections 137(2), 351(3), 87, 61(2), 64(1), 126(2) B.NS. 2023 (old Sections 506, 366, 120B, 376 and 341, I.P.C.) and filed the chargesheet.

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The learned counsel for the applicant has submitted that the alleged victim Kajal in her statements recorded under Sections 180 and 183, B.N.S.S. has made the statement about outraging her modesty against Suhail, and not against the present applicant. It is further submitted that the alleged victim Kajal in her statement made the allegation against the applicant for outraging the modesty of her friend Arifa. Arifa has separately lodged F.I.R. in which the trial is going on and during the trial after the recording of statement of Arifa she has been declared hostile. The copy of the statement of Arifa dated 16.04.2026 and declaring her hostile has been enclosed at page No. 8 of the supplementary affidavit.

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BAIL No. 3712 of 2026

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It is further submitted that the applicant has a criminal history of five cases. In all the cases he is on bail, except the Case Crime No. 223/2025 related to Arifa, friend of the present victim. The applicant is in jail since 04.07.2025.

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On the other hand, learned AGA has opposed the prayer for grant of bail and has submitted that there is an allegation of outraging modesty of friend of the victim, in the statement of the victim, against the applicant, but he is unable to dispute the submissions made by learned counsel for the applicant.

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Considering the submissions made by learned counsel for the applicant and having gone through records of the case, prima facie , it appears that the alleged victim Kajal in her statements recorded under Sections 180 and 183 B.N.S.S. made a statement for outraging her modesty against Suhail, not against the present applicant, i.e. Mehtaab Hashmi @ Mehtaab @ Mahtaab, and the victim made an allegation against the applicant for outraging the modesty of another lady Arifa, who has separately filed a case bearing Case Crime No. 223/2025, wherein she has been declared hostile, the applicant has made out a case for grant of bail.

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Accordingly, the instant bail application is allowed .

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Let the applicant Mehtaab Hashmi alias Mehtaab alias Mahtaab be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) 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.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court

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BAIL No. 3712 of 2026

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on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order.

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(Manish Kumar,J.)

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May 22, 2026 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Mehtaab Hashmi @ Mehtaab @ Mahtaab v. State of U.P. Thru. Secy. Deptt. of Home Lko.

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Mehtaab Hashmi @ Mehtaab @ Mahtaab v. State of U.P. Thru. Secy. Deptt. of Home Lko.

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