Mohd Rausib vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23364 of 2026
Mohd Rausib
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vikrant Gupta
Counsel for Opposite Party(s) : G.A., Narendra Nath Tripathi
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Compliance affidavit filed by Sri Chandra Shekhar Saran, learned
A.G.A., on behalf of the State, is taken on record.
2. Heard Sri Vikrant Gupta, learned counsel for the applicant, Ms.
Nainshi Srivastava, Advocate holding brief of Sri Narendra Nath Tripathi,
learned counsel for the first informant, Sri Rakesh Kumar Mishra, learned
A.G.A. for the State and perused the record.
3. In compliance with the order of this Court dated 13.08.2026, learned
A.G.A. has filed an affidavit of compliance, annexing the photographs of
the victim as well as co-accused Ayyan, which itself shows that it is a
selfie of the victim and that the victim was in a consensual position,
which is contrary to the allegation made in the FIR as well as the
statement of the victim.
4. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 45 of 2026, under Sections 333,
70(1), 308(2) of Β. N.S., and Section 67 of I.T. Act, Police Station
Kaimari, District Rampur, during the pendency of the trial.
5. Contention of learned counsel for the applicant is that the applicant has
been falsely implicated in the present case. It is further submitted that in
the FIR as well as in the statements of the victim recorded under Sections
180 and 183 BNSS, there is no allegation against the applicant except that
he clicked photographs of the victim during intimate moments with co-

BAIL No. 23364 of 2026
2
accused Ayyan. However, the photographs annexed by learned A.G.A.
along with the counter affidavit show that it was a selfie clicked either by
co-accused Ayyan or the victim. It is further submitted that co-accused
Yunus, having similar role as that of the present applicant, has already
been released on bail by a coordinate Bench of this Court in Criminal
Misc. Bail Application No. 23993 of 2026 vide order dated 12.08.2026.
Therefore, the applicant is also entitled to be released on bail on the
ground of parity. It is further submitted that the applicant has no criminal
history. It is further submitted that charge sheet has been filed in the
present case; therefore, there is no requirement of custodial interrogation.
The applicant is a law-abiding citizen and he is languishing in jail since
26.04.2026. In case he is granted bail, he will not misuse the liberty of
bail and would cooperate in the trial proceedings.
6. Per contra, learned counsel for the first informant as well as learned
A.G.A. for the State have vehemently opposed the prayer for bail but
could not dispute the aforesaid facts.
7. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties, and taking into account the statement of
the victim recorded under Sections 180 and 183 BNSS, as well as the
photographs of the victim which were allegedly clicked, but there was no
material against the applicant that he clicked the photographs or made
them viral on social media, as well as the fact that similarly situated co-
accused has been enlarged on bail, 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 judgment 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 the
guideline of this Court in the case of
Maya Tiwari Vs. State of U.P.,
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. Accordingly, the present
application is .
allowed
8. Let the applicant- Mohd Rausib, involved in the aforementioned crime

BAIL No. 23364 of 2026
3
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.
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.
11. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
12. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
13. 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.
14. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Rampur via e-mail or on e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the order of the Apex

BAIL No. 23364 of 2026
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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
as well as
(2024) 10 SCC 685 Pila Pahan@Peela Pahan and others Vs.
State of Jharkhand and another, in Writ Petition (Criminal) No. 169
decided on
of 2025, 29.05.2026.
15. Application, if any, stands disposed of .
(Arun Kumar Singh Deshwal,J.)
September 3, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad