HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34312 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State and perused the record. The instant bail application under Section 483 of the BNSS, 2023 has been filed by the applicant Shahrukh Khan seeking enlargement on bail in Case Crime No. 237 of 2025, under Sections 2(b)(i), 3(1) of the U.P. Gangster Act, Police Station Rajpura, District Sambhal, during the pendency of the trial before the court below. Sri Sunil Kumar, learned counsel for the applicant has vehemently argued that the applicant is innocent and has been falsely implicated in this very case for ulterior motives. It has been argued that the applicant is being prosecuted under the Gangster Act with the allegation that the applicant is an active Member of a Gang of which one Onkeshwar Mishra Karan is the Gang Leader. The Gang is involved in earning financial and economic benefits by managing the insurance of the persons, who are in their last stage of life by showing them as healthy and after their death they misuse the PAN Cards, Adhar Card and release the insurance money. The co-accused Shailendra, Abhishek Verma and Danish have been assigned the role of providing the Insurance Policy, while the applicant is stated to be the Insurance Agent. It is further argued that the implication of the applicant is on the basis of solitary case being Case Crime No. 13 of 2025, under Sections 109(1), 318(4), 336(3), 338, 340(2), 111(2)B, 61(2)Ka of BNS shown in the Gang- Chart in which the applicant has already been released on bail vide order Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Shahrukh Khan .....Applicant(s) State of U.P. .....Opposite Party(s) dated 27.06.2025 passed in Criminal Misc. Bail Application No. 10641 of 2025. Besides the case shown in the Gang-Chart, three other cases excluding the present case have been shown to be pending against the applicant and the applicant has been enlarged on bail in the said cases. it has also been argued that the gang chart prepared against the applicant is de-hors the rules and as such is per se illegal and no prosecution can be done on the said basis. It is also argued that the applicant has already been released on bail in the base case and as such is entitled to be released in the instant case registered on the strength of the base case. There is no direct indirect or circumstantial evidence against the applicant to establish the complicity of the applicant in the commission of the crime. The criminal antecedents of the applicant have been explained in supplementary affidavit. The co-accused, Prem Pal has been granted bail in Criminal Misc. Bail Application No. 33148 of 2025, vide order dated 08.10.2025. The applicant submits that he is not a flight risk and undertakes to cooperate in the investigation/trial and no misuse the liberty of bail. Hence bail has been prayed for. Per contra, learned AGA has opposed the bail application but could not controvert the submissions made by the learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shahrukh Khan, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. BAIL No. 34312 of 2025 2 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 10, 2025 pks BAIL No. 34312 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad