Neutral Citation No. - 2025:AHC-LKO:23938 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10860 of 2024 Applicant :- Shahrukh Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rakesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rakesh Pratap Singh, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State, and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0325 of 2024, under Sections 323, 325, 352, 504, 506 and 302 I.P.C., registered at Police Station Deed, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.06.2024 against six persons, including the applicant, stating that while the informant's sons Shameer and Khursheed were returning after closing their saloon at Tekari Dadoo, all the accused persons assaulted them with hockey and rod at about 8.30 p.m. Her elder son Khursheed died while being taken for treatment to Raebareli and the younger son Shameer suffered grievous injuries and a fracture in his leg. 4. The postmortem examination report of the deceased mentions an abrasion of size 7cm x 5cm present on right forearm, a lacerated contusion of size 9cm x 5cm present on left arm, contused swelling of size 6cm x 5cm present on left hand dorsal aspect, abrasion of size 5cm x 1cm present on right leg, abrasion of size 4cm x 1cm present on left leg, contused swelling of size 6cm x 4cm present underneath left lung. The cause of death has been opined to be hemorrhage and shock due to antemortem injuries. 5. The other son of the informant received a fracture of tibia bone of left leg. 6. In the statement of the injured- Shameer, he reiterated the FIR version and he stated that while he and his brother were returning from their shop, the accused persons intercepted them and one Saud asked them as to why they had beaten his father. Upon this, all the accused persons had assaulted them with sticks and iron-rods. Upon hearing the hue & cry raised by them, several villagers came there upon which the accused persons ran away. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 25 years having no criminal history, and he is languishing in jail since 24.06.2024. 8. The State has filed its counter affidavit to oppose the bail application annexing therewith copies of the statements recorded during investigation and a copy of the charge-sheet submitted on 25.07.2024. 9. Learned counsel for the applicant has submitted that the victims had suffered injuries in an accident in which they fell down from the motorcycle and they have falsely implicated the applicant and other accused persons due to an old animosity. 10. Learned Additional Government Advocate-I has opposed the bail application and submitted that the allegations have been established during investigation and, therefore, the charge-sheet has been filed against all the accused persons. However, a copy of injury report of injured- Shameer has not been annexed with the counter affidavit from which it appears that the averment made in the bail application that he had merely suffered a fracture is correct and he had not suffered any other injury, although the FIR states that he had suffered numerous grievous injuries. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of injuries suffered by both the victims, prima facie, it appears that it cannot be ruled out that they might have suffered the injuries in an accident and without making further observation and keeping in view the fact that the applicant is a young man having no criminal history, he is languishing in jail since 24.06.2024, whereas the investigation already stands concluded, I am of the view that the applicant is entitled to be released on bail. 12. Accordingly, this bail application stands allowed. 13. Let the applicant- Shahrukh Khan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 25.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench