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Shahrukh Khan v. State of U.P.

Allahabad HC16 Mar 2025BAIL/3051/2025

Case brief

AI extract

What is this about?

Bail granted; Allahabad High Court; Deepak Verma J.; CRIMINAL MISC. BAIL APPLICATION 3051 of 2025; Shahrukh Khan v. State of U.P.; Case Crime No.538 of 2024; Sections 318(4) 338 336(3) 340(2) B.N.S. 2023; P.S. Kaushambi; District Ghaziabad; personal bond and two sureties; bail conditions; cancellation of bail on breach; custody since 20.12.2024; order dated 17.3.2025; 2025:AHC:36996.

What did the court decide?

Applicant Shahrukh Khan directed to be released on bail in Case Crime No.538 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the imposed conditions and verification of sureties before issuance of the release order. ¶10

Shahrukh Khan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Shahrukh Khan, accused in Case Crime No.538 of 2024 under Sections 318(4), 338, 336(3), 340(2) B.N.S., 2023 at P.S. Kaushambi, District Ghaziabad, should be released on bail during pendency of the trial.

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Court's answer

Considering the entire facts and circumstances, submissions of the parties, the nature of the offence, the evidence and the complicity of the accused, and without expressing any opinion on the merits of the case, the Court held that the applicant had made out a case for bail and allowed the bail application.

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Ratio / Principle

The applicant was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order, subject to conditions: he shall not tamper with prosecution evidence by intimidating or pressurising witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity after release.

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Key takeaways

Breach of any of the imposed bail conditions shall be a ground for cancellation of bail.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.; Order Date 17.3.2025; Neutral Citation 2025:AHC:36996) allowed Criminal Misc. Bail Application No. 3051 of 2025 filed by Shahrukh Khan, accused in Case Crime No.538 of 2024 under Sections 318(4), 338, 336(3), 340(2) B.N.S., 2023, P.S. Kaushambi, District Ghaziabad, pending trial. Considering the nature of the offence, evidence, complicity of the accused and without expressing any opinion on merits, the Court held that the applicant had made out a case for bail and directed his release on furnishing a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in trial without adjournments and abstention from criminal activity, breach of which shall be a ground for cancellation of bail. Applicant in custody since 20.12.2024; counsel had argued innocence, lack of independent witness support, delayed FIR (one month twenty days), heavy dockets and no previous conviction.

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Neutral Citation No. - 2025:AHC:36996

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3051 of 2025

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Applicant :- Shahrukh Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Shahrukh Khan with a prayer to release him on bail in Case Crime No.538 of 2024, under Sections 318(4), 338, 336(3), 340(2) B.N.S., 2023, P.S. Kaushambi, District Ghaziabad during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submitted that there is no evidence to prosecute the applicant in the present case and prosecution case is not supported by any independent witness. Instant FIR lodged after delay of one month twenty days. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 20.12.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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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 accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Shahrukh Khan, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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