The Supreme Court today issued a notice in the Special Leave Petition seeking bail by 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 A.S. Bopanna and Justice M.M. Sundresh sought a reply from the State of Uttar Pradesh and issued the notice. "Issue notice to the Respondents returnable in a week. List it for Next Friday," said the Bench in its order.

Appearing for the Petitioner, Senior Advocate Kapil Sibal along with Advocate-on-Record Lzafeer Ahmad B. F. submitted that the Petitioner is a lactating mother who was found in prison and is accused of offence under Section 387 of the Indian Penal code for allegedly threatening for extortion. "Where are we going? I want interim bail. Her father is on a ventilator... what is she going to do? Her child is one year old" submitted Sibal.

Refusing to grant any interim bail at this stage, Justice Bopanna said to Sibal "You serve the Counsel and we will have it next week." The Court was initially making the notice returnable in 2 weeks but upon the request for urgent consideration for bail by Senior Advocate Sibal, the Court made the notice returnable on August 4, 2023.

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]

Justice AS BopannaJustice MM SundreshNikhat BanoAbbas Ansari

Ramey Krishan Rana