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2025 DAILYLAW 172607 (ALL)

SHAHRUKH KHAN ALIAS SHARUKH KHAN v. STATE OF U.P. AND ANOTHER

CRLA/6717/2025 · 2025-10-26

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6717 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and the learned AGA for State. 2. As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal. 3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with a prayer to allow the appeal, set aside the bail rejection order dated 11.07.2025 passed by Additional Session Judge Court No.2/Special Judge S.C./S.T. Act, Farrukhabad, arising out of Case Crime No.193 of 2025, Under Sections 115(2), 352, 308(5), 351(3), 324(5) B.N.S. and Section 3(1)(r) 3(1)(s) 3(2)(va) S.C./S.T. Act, Police Station Maudarwaja, District Farrukhabad. 4. As per FIR, informant Anil Kumar Jatav was stopped by appellant in midway, and was threatened to kill by the appellant who also assaulted him. Appellant made casteist remarks and also tried to extort an amount of Rs.6,00,000/- from him, only because the informant has purchased certain land. Informant has also alleged that six months ago, a similar demand of Rs.6,00,000/- was made by the appellant and when informant refused to pay the said amount, the boundary wall and tin shade lying on the land of informant was destroyed by appellant. 5. Learned counsel for the appellant has submitted allegations made in the FIR are concocted and fabricated. Informant has sustained simple injuries and repeated allegations of extortion against the appellant are unusual and Versus Counsel for Appellant(s) : Arvind Agrawal Counsel for Respondent(s) : G.A. Shahrukh Khan Alias Sharukh Khan .....Appellant(s) State of U.P. and Another .....Respondent(s) cannot be relied upon. Hence, appellant is entitled to bail. 6. Learned AGA for State has opposed the aforesaid prayer of the learned counsel for appellant and has submitted that the boundary wall and tin shade of informant was razed down by appellant. Even, Rs.6,00,000/- as extortion money was demanded by appellant. Hence, the appellant is not entitled for bail. 7. I have considered the rival submissions so made and have gone through the entire record. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellants have made out a case for bail. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 10. Let the appellant- Shahrukh Khan Alias Sharukh Khan involved in Case Crime No.193 of 2025, Under Sections 115(2), 352, 308(5), 351(3), 324(5) B.N.S. and Section 3(1)(r) 3(1)(s) 3(2)(va) S.C./S.T. Act, Police Station Maudarwaja, District Farrukhabad, be released on bail on 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. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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. 11. In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the CRLA No. 6717 of 2025 2 accused or to cancel the bail granted. October 27, 2025 Mukesh CRLA No. 6717 of 2025 3 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad