Supreme Court Grants Bail To Wife Of Jailed SBSP MLA Abbas Ansari In Case For Unlawful Jail Visit
The Supreme Court today granted bail to Nikhat Bano, the wife of SBSP MLA Abbas Ansari, who, during a checking in Chitrakoot District Jail was found in a room adjacent to the office of the Jail Superintendent and was arrested for allegedly visiting her husband unlawfully in jail.
The Bench of Justice Justice A.S. Bopanna and Justice M.M. Sundresh in its order noted, "Heard the learned senior counsel for the Petitioner and the learned Additional Solicitor General and perused the Petition paper. Keeping in view the fact that the Petitioner is a lady and she has a 1-year-old child and also keeping in view the nature of the allegations against her, we deem it appropriate to direct that the petitioner be released on bail subjection to appropriate conditions imposed by the trial court."
Further, the Bench on the aspect of the Petitioner visiting her husband in jail noted, "One of the conditions shall be, to visit the prison only after obtaining appropriate orders from the trial court." Accordingly, the Court granted the bail and directed that "For the purpose of compliance of these orders, the Petitioner shall be produced forthwith before the trial court."
Senior Advocate Kapil Sibal along with Advocates Nizam Pasha, Lzafeer Ahmad B. F. and Aayushi Mishra appeared for the Petitioner while the State of Uttar Pradesh was represented by the Additional Solicitor General K.M. Natraj.
Justice Bopanna, at the outset, told the State, "She is a lactating mother, don’t oppose these matters. I think we will grant it. Earlier, we didn't want to grant interim bail because we wanted to hear you." The Bench further in a lighter vein remarked, "Mr. Natraj we will say that you have strongly opposed..."
The Court had on July 28, 2023, issued notice in the SLP but had refused to grant any interim bail. Nikhat Bano is booked for the offences under Sections 387, 222, 186, 506, 201, 120-B, 195-A, 34, 451, 511 of the IPC and Section 8 of the Prevention of Corruption Act, 1988, Sections 42(b), 54 of Prisons Act, 1894 and Section 7 of Criminal Law (Amendment) Act, 2013. During a jail inspection by the Sub Inspector in charge of Police Chauki, Raebareli, Nikhat Bano, wife of SBSP MLA Abbas Ansari, was found in a room adjacent to the office of the Jail Superintendent. The officials present there mentioned that her husband had been taken out of the room and was shifted to his barracks a few minutes ago. When asked to open the two mobile phones found with her, she deleted some data from the devices and when restrained from doing so, she threatened the officials with serious consequences.
The Allahabad High Court at Lucknow Bench had on May 29, 2023, rejected the bail application of Nikhat Bano and had noted that "None of the officials present in the jail could muster the courage to prevent the illegal entry of the applicant in the jail, which prima facie indicates the influence wielded by the applicant over the jail authorities. The incident having been recorded in CCTV footage, the F.I.R allegation is fully supported by the CCTV footage."
The High Court noted that Nikhat Bano used to visit the jail along with her driver and co-accused Niyaaz and she used to spend three to four hours inside the jail, without any obstructions. It was also noted that the applicant used to threaten the witnesses and officials connected with the prosecution.
The High Court also noted that "In the statement of the Deputy Jailer recorded before the Magistrate, he has stated that the applicant's husband, who is lodged in the jail had been granted all types of facilities. He could roam around freely and he used to meet the applicant in the aforesaid room for three to four hours. He used to sit with the Jail Superintendent, Jailer and one Chandrakala (an employee of the jail) who was in-charge of visits made in the jail".
Cause Title: Nikhat Bano Vs. The State Of Uttar Pradesh [SLP(Crl) No. 008667 / 2023]
