Allowed

Shahrukh Khan v. State of U.P.

Allahabad HC3 Mar 2025BAIL/7254/2025

Case brief

AI extract

What is this about?

Bail application in a case of cheating, forgery of documents and criminal conspiracy relating to a parcel of land. The court found no substantive evidence linking the applicant to the offence, noted his clean record and prolonged custody, and enlarged him on bail with conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to trial-appearance, non-tampering and non-intimidation conditions.

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

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Neutral Citation No. - 2025:AHC:29150

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7254 of 2025

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Applicant :- Shahrukh Khan Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

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The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 321 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Chandausi, District Sambhal during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is purchaser of the disputed parcel of land. The sale consideration was duly paid by the applicant. The applicant himself is victim of fraud. The applicant is in jail since 10.01.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant is purchaser of the disputed parcel of the land. The sale consideration has been mentioned in the sale-deed. At this stage there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than one and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I

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am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Shahrukh Khan, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 3.3.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Shahrukh Khan v. State of U.P.

Case brief

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Shahrukh Khan v. State of U.P.

Case brief

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